Book Review by Thomas J.R. Stadnik
Pedagogically, the civilian contract of lease, or letting and hiring, has long lived in the shadow of its more prominent sibling, sale. Indeed, this secondary position probably has been fostered by the writings of the classical jurists, who traditionally began their discourses on the contract of locatio conductio by a comparison with its fraternal twin, emptio venditio. This approach to lease law has been transmitted through the works of the medieval civilians into the various modern branches of the Roman-Germanic legal family.
The principal result of this traditional view of lease is to subsume both the teaching and doctrinal exposition of the law of lease under that of the law of sale. Civilian law school courses deal either with special contracts as a whole, or specifically with sales and leases. In both cases, however, sales usually receive the greater share of attention. Doctrinal writing reflects the emphasis of the schools. The close relationship between sale and lease cannot and ought not be denied; however, logically, lease is somewhat different from sale, and deserves independent pedagogical and doctrinal treatment. It should be noted, however, that many civilian and mixed jurisdictions broke from this mold long ago, and have since developed a considerable, independent body of doctrine on lease.
Until last year, Louisiana had followed the traditional civilian path. No doctrinal treatise on lease, per se, existed. The principal substitutes were a prominent materials-case book, and several student productions. Now, however, Professor Vernon Palmer of the Tulane Law School faculty and Reporter on the Revision of Lease to the Council of the Louisiana State Law Institute has given Louisiana its first, bona-fide doctrinal treatise on lease law.
About the Author
Thomas J.R. Stadnik. Professor of Law, Tulane University; B.A. 1962, LL.B. 1965, Tulane University; LL.M. 1966, Yale University.
Citation
57 Tul. L. Rev. 1591 (1983)