"Vis maior in griechischen und koptischen Papyri", A. Steinwenter, "Eos", 48, 1956, 1 : [recenzja]
SURVEY OF LITERATURE
In this essay the author discusses the nature of the
prohibition, theories as to causes, the social background, the legal
framework, the laws and economic standards reflected in the Book of
the Covenant, the relationship between interest and commerce,
the commercial standards and temple loans in Israel, the personal
law, the Nokri, the Ger and the Canaanite, the kinship and the
prohibition of the Book of the Covenant, the Deuteronomic
prohibition, the date of the Deuteronomic prohibition and the concept of
theocratic brotherhood; he makes also use of the papyri (cf. p. 411)
and of the papyrological literature (cf. p. 379, 387). As to the
latter, his remarks on pp. 411—12 deserve special attention.
This essay deals with the biblical prohibitions against usury
and its practice, and makes also use of the papyri (p. 196, 201, 202).
Noteworthy are the remarks of the author on anatocismus p. 202.
A. S t e i n w e n t e r , Vis maior in griechischen und koptischen Papyri
(Symbolae R. Taubenschlag dedicatae = Eos 48, 1  261—71).
The term θεοΰ βία (D. 19, 2, 25, 6) occurs in Greek and Coptic
papyri. In the receptům nautarum this term designates the vis of
the Nile cui resisti non potest, and in the locationes-conductiones,
damages on the fruits caused by accident, which gives to the lessee
the right to request a remissio mercedis. The papyri show that the
term vis maior i.e. θεοΰ βία is not an invention of Tribonian, but
was already applied before him in the vulgar law.
The question of arra in sale in Justinian's law raised by C. 4,
21, 17 and Inst. I l l , 23 pr. has long been the subject of
controversy. The last few years have brought further
contributions to the literature of the topic. The general picture is one
E. N e u f e l d , The Prohibitions against Loans at Interest in Ancient Hebrew Laws (repr. from the Hebrew Union College Annual vol . X X V I [ 1955 ] 355 - 412 ).
E. N e u f e l d , The Rate of Interest and the Text of Nehemiah 5, 11 (Jew . Quart. Rev. X L I V [ 1954 ] 194 - 204 ).