RB 64

Lars Tengwall (1746-1809), professor of law and philosophy at the Lund University, followed in Nehrman’s footsteps. In his book on the jurisprudence of civil suites from1802 (the first edition was published in1794),Tengwall discussed the law of persons and wrote that regarding civil rights (Sw. medborgerliga rättigheter), persons were either alieni or sui juris. In relation to each other, the citizens were sui juris, which meant that they had control over themselves and their property. In relation to the public authorities, all citizens were subjects (Sw. undersåtar) and thus alieni. However, citizens could also be alieni in relationships to other individuals and this applied to servants, children and the incapacitated. The work and service of the servant was the master’s personal right, while the servant’s right was to receive salary, food and protection. Similarly the parents’ personal right over their children was aimed at protecting the children’s personal right and giving them a good upbringing and future happiness. All legal command over other persons was for the benefit of the subordinated person.195 In spite of this patriarchal point of departure,Tengwall treated the master-servant relationship under the law of obligations. Like Nehrman he made a clear distinction between the hiring of things and the hiring of services.196 The category of “hiring for work” (Sw. arbetslega) was characterised as a combination (Sw. förening) in which one party wanted to do something for another person’s use in exchange for a certain salary or reward. In the case of locatio operis, a person pledged himself to perform an act as a craftsman or a daylabourer’s work, while locatio operarumconcerned the hiring of a servant.The economic remuneration,Tengwall wrote, was an important part of this type of contract.197 p a r t 1 i i , c h a p t e r 3 94 Legal education in Lund, Uppsala and Turku around 1800.Tengwall and Calonius 195 Tengwall 1802, pp. 21-22. 196 Tengwall 1802, pp. 106-109 and pp. 179-190. 197 Tengwall 1802, pp. 100, 106-109;Winroth 1878, p.VI, fn 24.

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