essence ot the contract. If a reward in money was arranged, the contract would he hire, locatio coudiictio. If any other remuneration was anticipated there would he at this earl\ date no contract, d'he contract was between the 'agent' and his 'principal,' and did not necessarih’ int’ohe the 'agent' entering into a contract for his 'principal' with a third party. If he did, an\’ contract was between this 'agent' and the third part\'. 'Fhe principal was under no obligation to the third partv'. Roman law did not recognize direct agencx'. 'Fhe situation with regard to remuneration changed in the second centurx’ when it was felt that the appropriate action between procurator and principal was not the actio negotiorumgcstorum, but the action on mandate, actio maudati. 'I’he procurator mxghi be appointed for conducting a lawsuit, for a particular affair or be a general agent."’ But the prowould be paid: maudatum in practice but not in theorx’ xvas no longer gratuitous." But still, there xvas no contractual relationship betxxeen the maudaus and anx' third partx'. Mandate, then, as a separate contract, should perhaps haxe died. C^ertainlx', there is the issue that it could often be a gratuitous serX ice, and not be hire. But that xvould not often gix e rise to legal problems. But there xvas a separate issue. Rome xvas a slaxe scxcietx', and xvork xvas despised. So there was a txx ist. Some emplox’inent, such as the teaching of philosophy, could not be regarded as xxaxrk, but as 'liberal arts,' not subject to anx’ contract."' d o jump noxx to the modern IVench code civil, d'here is an entire chapter, i;, "du mandat." It contains 26 articles, 1984 to 2010; that is, more than -r times more than articles i;cS2 to ^86 on torts, "des debts et des quasi-dc'lits." But 'mandat' is noxv verx' different from the Roman mandatum, and xvith exen less reason for being, .\rticle 1986 30 See, e.g. Watson, Mandate, pp. 36ff. 31 See the Digest title 17.1. 32 See above all Karoly Visky, Geistige Arbeit und die Artes Liberales in den Quellen des römischen /?ec/7f (Budapest, 1977). 78
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