"La γηροϰομία dans le droit des papyrus", R. Taubenschlag, "RIDA", 3 sér., III, 1956 : [recenzja]
sation-pledge, established by agreement (with rare exceptions)
neither a forfeiture pledge. Accordingly to its cautionary character
it lets untouched the liabilities of the debtor resulting from the
uHltu and even the liability of the sureties, as accessory
liabilities. In this way the Babylonian and Assyrian laws in their last epoch
developed, in contrast with the old cuneiform law, into a quite
modern institution. It is noteworthy because the ancient Greek
and Greco-Egyptian hypothec was considered as a forfeiture pledge
or as a compensative pledge not accompanied by the personal
resposibility of the debtor. It is not possible to establish when the
development toward the cautionary pledge was accomplished.
Treating of the antichresis (p. 117) the author takes the papyri
Lond. Π Ι 1168 and Dura 10 into account.
This article deals with the question of the relationship between
the neighbours concerning the property of the boundary-wall.
Generally, the boundary-wall was subject to joint-property of the
neighbours, but in the Byzantine period this wall could be owned
exclusively b y one of them. In other cases the servitus oneris ferendi
on the neighbouring lot could be constituted.
H. J. W o l f f , Die Grundlagen des griechischen Vertragsrechts (ZSS
74  26—72).
This excellent monograph, although dedicated to the ancient
Greek law, will also be of great interest for the papyrologists, all
the more that it uses not only the papyri but also discusses many
questions and aspects of this field (πραξις καθάπερ έκ δίκης p. 36;
μίσθωσις p. 39; δίκη καρποϋ ρ. 43; όμολογεΐν ρ. 53 ff.; δίκη βλάβης
ρ. 67 ff.).
R. T a u b e n s c h l a g , La γηροκομία dans le droit des papyrus (RIDA
3 sér. III  173—179).
The law of the papyri as well as other laws of Antiquity knows
the γηροβοσκία or γηροτροφία or γηροκομία, being the obligatory
SURVEY OF LITERATURE
care of old people. The author analyzes this obligation in the above
H. J. W o l f f , Zur Romanisierung des Vertragsrechts der Papyri
The second volume of this fundamental work contains, as the
first one (cf. my review JJP V  248) much interesting
information for papyrologists. Remarkable are: § 3 on multiplicity and
uniformity of the vulgar law: hellenistic popular law; § 6 —
characteristic features of the vulgar law of obligations and the
chapters in which the author makes use of papyrological literature and
sources. These are: the chapter on the contracts, esp. on the
stipulatory clause (pactum nudum, p. 41118), on the decline of the
representation (p. 6522e), and the principle alteri stipulari non potest
(p. 863le); on the surety (p. 198212); on the revocation of a gift
because of ingratitude (p. 245448); on the transformations of the
stipulation in Eastern doctrine and practice (p. 138^); on the
responsibility for legal defects (p. 220); on the depositum irreguläre (p. 17183)
and on the sale-guarantor (p. 222).
In this excellent dissertation the author shows that the tables
of Herculanum give certain examples of account-documents taken
from the codices accepti et expensi, in which occasionally are
mentioned some principal elements of transactions concerning the
conveyance of res mancipi.