Third-Party Rights and Responsibilities

Abstract

Although Roman law never developed a true theory of agency, it did find ways to make one person contractually responsible for the acts of another, by using the family (persons under the power of a paterfamilias), the structure of business operations (those operating a business on behalf of an owner), and the structure of estates (supervisors of all or part). These devices permitted limited development of more complex businesses that were not directly owner-operated. Roman law also allowed for some delegation and assignment of contract rights and duties. While these developments undoubtedly assisted Roman enterprises, they were limited in their scope and effectiveness.