Hellenistische Rechtsfiguren in het Romeins Recht
In what way did Hellenistic legal institutions concerning secured credit influence Roman law?
- Quintijn Mauer
Various texts from the Digesta written by Roman jurists from the 2nd and 3rd century AD, such as Cervidius Scaevola, Ulpian and Marcian, feature Hellenistic legal institution, e.g. Hypotheca (ὑποθήκη), Apocha and Antichresis (ἀντίχρησις). This research project delves into the Hellenistic origin of these legal institutions and how they ended up in the Digesta. Are these institutions transplanted (legal transplants), can this phenomenon be explained as merely diglossia in Roman law or is the use of these Greek names a form of legal codeswitching? To answer these questions, this interdisciplinary research uses legal papyri from Roman Egypt, tabulae ceratae and legal texts from the Corpus Iuris Civilis.