B & B establishments, hotels and the praetorian edictum de nautis cauponibus et stabulariis: cessante ratione legis cessat lex ipsa
CITATION: Van Der Bijl, C. 2006. B & B establishments, hotels and the praetorian edictum de nautis cauponibus et stabulariis : cessante ratione legis cessat lex ipsa?. South African Law Journal, 123(4):570-578.
The original publication is available at https://journals.co.za/content/journal/ju_salj
The most significant action in terms of which innkeepers could be held liable for the theft of their guests’ property can be traced back to the praetor’s edict de nautis cauponibus et stabulariis. The actio de recepto was a remedy granted to give effect to a form of guarantee known as the receptum, to protect a customer who had to deliver his possessions into the custody of mariners, innkeepers or stable-keepers, the so-called nautae, caupones and stabularii (see Davis v Lockstone 1921 AD 154 at 157; Gabriel & another v Enchanted Bed and Breakfast CC 2002 (6) SA 597 (C); Reinhard Zimmermann The Law of Obligations: Roman Foundations of the Civilian Tradition (1990) 515).