I rapporti di lavoro tra status e contratto nella dottrina giuridica dei secoli XII-XIV: le figure di incerto confine
| JUS - 2006 - 2-3
This article examines job relations between status and contract in the doctrine of medieval jurists.
It has got a central theme: the transition from status to contract, according to a very pregnant expression
of Henry Summer Maine. In the following pages we will analyse the particular condition of
some workers of XII-XIV centuries: ascriptitii, liberti, liberti ecclesiae, homines curiae, homines alterius.
A special attention will also be given to a famous dispute among the most important medieval
jurists about the possibility for a free worker to lease his labour strengths forever («an liber homo posit
locare operas suas in perpetuum»). The results of this research demonstrate how the transition
from status to contract is not easily realized in the medieval period but the jurists of this age play an
important role in the development of free negotiation: in fact they try to ensure dignity in the execution
of every kind of job.