Legal Definitions - socida

Socida is a term from civil law that describes a specific type of agreement, most commonly involving animals. In a socida, one person (the owner, also known as the 'bailor') entrusts their property to another person (the 'bailee') for a particular period or purpose. The defining characteristic of a socida is that the bailee explicitly agrees to take on the financial risk for any loss or damage to the property while it is under their care. This means that if the property is lost, stolen, or destroyed, the bailee is responsible for its value, even if the loss wasn't directly caused by their negligence. It is most frequently applied when animals are delivered to someone for care, breeding, or pasturing, and the person caring for them agrees to be liable if any of the animals die or go missing.

• Example 1: Livestock for Fattening

  A cattle rancher (the bailor) delivers 100 young steers to a feedlot operator (the bailee) for six months of intensive feeding and care. Their contract includes a socida clause, stating that the feedlot operator will be financially responsible for any steers that die or are lost during this period, regardless of the cause, in addition to their standard feeding fees. If, during the six months, ten steers unexpectedly succumb to a non-contagious illness that was not preventable by ordinary care, the feedlot operator must compensate the rancher for the market value of those ten animals.

  This illustrates socida because the feedlot operator (bailee) explicitly assumed the risk of loss for the cattle (the property) while they were under their care, making them liable for the animals' value even for losses not directly attributable to their fault.

• Example 2: Racehorse Training

  The owner of a valuable thoroughbred racehorse (the bailor) sends it to a renowned trainer (the bailee) for a year of specialized training. The agreement specifies that it is a socida, and the trainer accepts full financial responsibility for the horse's well-being and life during its time at the training facility. This means if the horse suffers a fatal injury or becomes permanently disabled, even from an unforeseen accident during a routine workout, the trainer is obligated to compensate the owner for the horse's agreed-upon value.

  Here, the trainer (bailee) took on the significant risk of loss for the racehorse (the property), agreeing to be financially responsible if the horse were to perish or be permanently incapacitated while in their custody, which is the core principle of a socida.

• Example 3: Breeding Program for Exotic Birds

  An individual with a rare pair of endangered parrots (the bailor) places them with an experienced aviculturist (the bailee) for a specialized breeding program. The contract stipulates a socida arrangement, where the aviculturist, in exchange for a premium fee, agrees to be fully liable for the parrots' health and survival throughout the breeding period, including any complications that might arise during nesting or chick rearing. If one of the rare parrots dies due to an unexpected, non-negligent health issue during the program, the aviculturist is financially responsible for its replacement value.

  This demonstrates socida because the aviculturist (bailee) assumed the risk of loss for the valuable exotic birds (the property) while they were entrusted to their care for a specific purpose, agreeing to bear the financial burden if the animals did not survive.