RB 64

can make one think of the Code Civil, was severely criticised by, among others, professors of law and the judiciary. Thus in 1821 the conservative scholars Lars Georg Rabenius (1771-1846) and Johan Daniel Drissel (1751-1823) at the Faculty of Law at the Uppsala University - where the law committee’s dissident, Anders Erik Afzelius, had been educated - delivered their critical opinion on the committee’s proposal of 1815.The professors emphasised that the worker ought to live together with and be supervised by his master. Moreover, they asserted that there was a need for special rules concerning daylabourers and agricultural tenants who were obliged to perform“daywork” (Sw. stattorpare) and that such agreements probably could be best regulated in connection with the master-servant relationship.206 The justices of the Supreme Court went further when commenting on the Swedish Civil Code draft of 1826.The majority of the court207 feared that the possibility of establishing masterservant contracts which lasted just a few days would encourage the masters to employ people only for the summer season, when the burden of work was at its heaviest. Members of the “serving class”, were on the other hand likely to lie low during the same period in order to take a specified task of work in exchange for exorbitantly increased prices. The justices asserted that labour agreements that did not presuppose a duration of one year could not be legally treated as the traditional contracts between master and servant (Sw. tjänstehjonsavtal). Consequently there was a need to supplement the Book of Commerce with a special chapter concerning such contracts which were made for a shorter time than one year and still could not be classified as a piecework contract (Sw. beting).208 p a r t 1 i i , c h a p t e r 3 98 206 Lagkommittens arkiv (The preparatory works of the Law Committee), ÄK19,Vol 13, litt. A, p. 179.The National Archives, Stockholm. 207 Petersson, von Rosén,Themptander, Bredberg and Nyblæus. 208 Högste Domstolens Protocoll 1836 vid Granskningen af Förslaget till Allmän Civil-Lag, (Supreme Court 1836 on the Draft of 1826), Stockholm1836, pp. 156-159.

RkJQdWJsaXNoZXIy MjYyNDk=