RB 64

contracts about personal property and personal services.218“Hiring for work” (Sw.arbetslega) or “piecework contract” (Sw.beting) meant such agreements according to which one person promised another person to do a specified task or to work during a specified short period.“Hiring of a servant” (tjänstehjonslega), again, was a contract which meant that one person promised another person all kinds of tasks for a longer or shorter time, and the working party usually became a member of the other person’s household. Among other things, the servant was obligated to undertake a far-reaching duty of obedience, while the master had to pay a salary and take care of the servant.219 Palmén showed several indications of influences from the historical school, Savigny and Fredrik Schrevelius.220 However, he gave no hint whatsoever of concurring with the opinion that the master-servant relationship was a topic of family law, but connected it like Windscheid to the law of obligations. Knut Olivecrona (1817-1905) was, among other things, professor of law at Uppsala University and justice of the Supreme Court. In his lectures in Uppsala around the 1860s he placed the “general type” of master-servant relationship within the contracts of obligations. Following the general pattern, he emphasised that the relationship had an “ethical component”. On the one hand it was characterised by the servant’s obligation to be obedient and loyal, to fulfil an unspecified though not unlimited number of services, and on the other hand by the master’s obligation to take care of the servant. Furthermore, he represented a traditional opinion by stating that the master-servant relationship was applicable only to domestic and agrarian work.221 Olivecrona is well known for expressing a pronounced social commitment in many other contexts, and it is remarkable that c o n t i n u i t y a n d c o n t r ac t 103 218 Palmén 1859, pp. 120-121. 219 Palmén 1859, pp. 177-178. 220 Björne 1998, pp. 203-205, 273. 221 Olivecrona 1862-63, pp. 418-447; Schmidt, F 1959, pp. 12.

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