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New FrontiersLaw and Society in the Roman World$
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Paul J. du Plessis

Print publication date: 2013

Print ISBN-13: 9780748668175

Published to Edinburgh Scholarship Online: September 2013

DOI: 10.3366/edinburgh/9780748668175.001.0001

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Tapia’s Banquet Hall and Eulogios’ Cell: Transfer of Ownership as a Security in Some Late Byzantine Papyri*

Tapia’s Banquet Hall and Eulogios’ Cell: Transfer of Ownership as a Security in Some Late Byzantine Papyri*

Chapter:
(p.151) Chapter 8 Tapia’s Banquet Hall and Eulogios’ Cell: Transfer of Ownership as a Security in Some Late Byzantine Papyri*
Source:
New Frontiers
Author(s):

Jakub Urbanik

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748668175.003.0008

This chapter discusses a particular form of a guarantee for an obligation, namely the transfer of ownership used as a security for debt in place of the canonical pledge or mortgage. The object of the chapter is a study of a few cases from the late Antique legal practice, all from the Byzantine Egypt. The examples are provided by the Dublin papyri 32, 33, 34 (three deeds concerning property of a cell and its conveyance in a monastic milieu) as well as by the Archive of Patermouthis and Kako (subsequent sales of the same property by Aurelia Tapia as well as by her son-in-law Patermouthis : P. Münch. I 9 + P. Lond. V 1734, P. Lond. V 1724, 1729, 1733, P. Münch. 11 and 12). An analysis of the typical late antique pledges allows us to establish that the content of the rights passed to the pledgee becomes very similar to full ownership in late Antiquity. Finally the chapter suggests that this figure of security is inherent to legal anthropology and hence legal practice (be it in a form of Roman Fiducia, Greek one en pistei, Egyptian conditional sales or modern German Sicherungsübereignung).

Keywords:   Security, Pledge, Fiducia, Patermouthis Archive, Juristic papyrology, Byzantine Egypt, Monastic Property, P. Dublin

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