TYPES OF REAL SECURITY
in Classical Athens




TYPE
OWNERSHIP:
POSSESSION:
DISCHARGE OF OBLIGATION
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 oikou

(b) dowry



"debtor" "debtor"

misthosis oikou is conducted by a guardian for an orphan minor

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).



© 10/14/2003

January 24, 2010 2:50 PM

John Paul Adams, CSUN
john.p.adams@csun.edu

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