Questão jurídica principal
Whether an implied paid employment contract arose under Art. 320 para. 2 OR for the son's farm work
Decisão extraída
No. In the circumstances, the parties did not conclude a contractual wage relationship, even implicitly, because the assistance was rendered in a family and agricultural setting where remuneration was not naturally to be expected and the parties had reserved a statutory lidlohn claim instead.
Fundamentação extraída
Art. 320 para. 2 OR does not apply when the parties agreed on free board and lodging subject to a lidlohn reservation. The written confirmation showed that the son was compensated in kind and that any statutory family-law remuneration remained reserved; an implied contractual wage would make that reservation meaningless.