University:
California State University, Northridge
Course:
HIST 510 | Colloquium in Greek and Hellenistic History
Academic year:

2010
Views:

323

Pages:

2
Author:

Elias Hoffman

TYPES OF REAL SECURITY in Classical Athens DISCHARGE OF OBLIGATION TYPE OWNERSHIP: POSSESSION: PLEDGE (moveables) debtor creditor return of the real property on the extinction of the obligation (or) seizure of the pledge by the creditor HYPOTHEC (immoveables) debtor debtor or creditor extinction of the right of the creditor (repayment), or diké exoules entered by the creditor against the debtor PRASIS EPI LYSEI creditor debtor or creditor repurchase by the debtor by exercise of the residual right (or) extinction of the residual right through foreclosure by the creditor [N.B. A term seems to be involved in the exercise of the right, since horoi of the 4th cent. are dated by eponymous archon. See: Harrison, p. 279 n. 2.] [ANTICHRESIS] (a) misthosis "debtor" "debtor" misthosis oikou is conducted by a guardian for an orphan minor oikou (b) dowry The creditor, it seems, has a kind of "usufruct" in lieu of "interest" on what may nominally be a "loan" [See: Harrison, pp. 293 ff.] BOTTOMRY . . . Bibliography • • • A. R. W. Harrison, The Law of Athens: The Family and Property (Oxford 1968), Chapter VIII. "Real Securities", pp. 253-304, especially 258-259. F. Pringsheim, The Greek Law of Sale (Weimar 1950). D. M. MacDowell, The Law in Classical Athens (London 1978).