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TYPES OF REAL SECURITY
in Classical Athens
|
TYPE |
OWNERSHIP |
POSSESSION |
DISCHARGE OF OBLIGATION |
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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.]
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[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.]
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BOTTOMRY |
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SEE: - 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).
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© 10/14/2003
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