Legal framework of public contracts in Roman Republic Cover Image

Charakter prawny zamówień publicznych w Rzymie republikańskim
Legal framework of public contracts in Roman Republic

Author(s): Jerzy Krzynówek
Subject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Wydawnictwo Uniwersytetu w Białymstoku
Keywords: locationes censoriae; operae publicae; making a contract by censors; responsibilities of private contractors

Summary/Abstract: Rome in the republican period used to allocate public services, building projects etc. to private contractors. Locationes censoriae was a main legal tool to that end. The system of legal rules was developed, which operate on the border of the public and private sectors producing a legal, economic and political intertwining of both spheres. A sophisticated set of rules introduced by custom and maintain by tradition, determined the procedure of enactment of intention to make a contract and auction to choose a contractor with whom to conclude a contract. Its rules covered also the way to secure the position of the state either by way of a real right (ownership, right of pledge, mortgage) or by additional debtors (personal security), usually both, which could lead to severe responsibilities for contractors and their guaranties.

  • Issue Year: 17/2018
  • Issue No: 2
  • Page Range: 55-70
  • Page Count: 16
  • Language: Polish