"Appunti su P. Fam. Tebt. 15", Giuseppe Flore, "Studi in onore di V. Arangio-Ruiz", IV : [recenzja]
JOURNAL OF PAPYROLOGY
In this Romanistic dissertation the author discusses on page 141
communio pro diviso frequently attested in the Greco-Egyptian
law. Moreover are worth of attention his assertions: on p. 162 —
amending W e n g e r's interpretation of Tebt. 780 and on p. 166 —
concerning the validity of the provincial laws after the Constitutio
G i u s e p p e F l o r e , Appunti su P.Fam.Tebt. 15 (Studi in onore
di Y. Arangio-Ruiz I Y , 387—394).
V a n G r o n i n g e n who published the full text of Lond.
Inv. 1885 ( = P. Fam. Tebt. 15) had expressed the opinion that the
attested in this papyrus longevity and partial marasmus of the
unceasingly mentioned here βιβλιοθήκη of Arsinoite although
referring apparently to the βιβλιοθήκη των δημοσίων λόγων shall be
surely attributed also to the βιβλιοθήκη έγκτήσεων of this district.
The author of this article on the contrary asserts that the
document concerns only the βιβλιοθήκη των δημοσίων λόγων in Arsinoite
separated, as it is known, from the corresponding institution
founded in the year 72 A. D.
M. S a n N i c o l ô , Ein Beitrag zu den Grunddienstbarkeiten im
neubabylonischen Recht (Studi in onore di Y. Arangio-Ruiz I,
This essay is interesting for the papyrologists, because it deals
with the matters which have their analogy in the papyri. The
Babylonian law even in the last period of its more than two thousand
years evolution had not arrived at the conception of real rights
upon things of others while in the case of servitudes it was satisfied
with merely obligatory agreements. This was the case of the rights
of passage and of the rights of water-conduit (cf. for the law of the
papyri my Law I, 193 ff.). Sometimes there is a recourse to divided
property, single property or to joint property. Particular attention
deserve his remarks on page 69, that also in Babylonia existed
an independent property on trees, as it is attested for Egypt by
the papyri, and the note on page 63, that in the Neo-Babylonian
law the exit-paths were not considered to be a mere appurtenance
of the house-estate, as it is assumed in the case of εί'σοδος καί έξοδος
in the papyri.
U. E. P a o l i , Digesta 10 , I, 13 . (Atti Congr., Verona I [ 1951 ], 121 - 131 ).