Key legal question
Whether a concubine who regularly assists a business owner is entitled to wages under Art. 320 CO
Extracted holding
Yes. If work is accepted for a period and, according to the circumstances, was to be performed only in return for payment, a contract of employment is presumed; in a free union, the concubine's work is generally not gratuitous.
Extracted reasoning
The respondent rendered accepted services in circumstances indicating remuneration. Unlike a wife helping her husband, a concubine has no marital duty, no succession expectations, and no share in marital property to compensate her work; therefore the work is, in principle, remunerated.