In the case of locatio conductio operarum, again, the terms of the work were facta indeterminata, that is unspecified, and the obligations of the parties of a diffuse and open-ended character.The worker was obliged to obey what the master legally ordered, for example to pull off the hides of dead oxen. For this category of labour contracts Nehrman referred to the rules concerning hired servants in the Statute on Servants and Hired Labourers as well as to particular administrative statutes.88 The contract could not be terminated by mutual agreement before the date stipulated by law, unless either of the parties severely violated the contract. Furthermore, such a termination required a decision after a trial in court.89 The servant (locator operarum) was obliged - and entitled - to stay until the legal day of leave and had to execute any lawful act that the master ordered him to do.90 The master should not only pay the salary on the stipulated day but also take care of the servant if he was so sick that he had to go to bed.91 Nehrman bolstered his general contractual principles with numerous references to the well-established Swedish legal tradition concerning the hiring of servants and the privileged areas. He referred to the Book of Building (Byggningabalken) in the medieval provincial codes of Södermanland and Östergötland and the re-edited national code of 1477, as well as to the Statutes on Servants and Hired Labourers of 1664 and 1723.92 Without any comments he noted that the master had the right to chastise his servants and to get assistance from public authorities in order to capture his servants if they ran away from him.93 In 1734, five years after Nehrman had published his “Introduction”, the Swedish Parliament passed the new national code. Although it was not supposed to regulate administrative or economical matters, many of its rules concerned labour matters, p a r t 1 i , c h a p t e r 2 52 88 Nehrman 1729, p. 241 (§§ 9-10). 89 Nehrman 1729, p. 242 (§ 12). 90 Nehrman 1729, pp. 242-243 (§ 13); Nehrman 1746, p. 75. 91 Nehrman 1729, p. 244 (§ 16); Nehrman 1746, pp. 75 -76. 92 Nehrman 1729, p. 242 (§ 12). 93 Nehrman 1729, p. 239 (§3); Nehrman 1746, p. 73.
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