"K voprosu o melkom svobodnom zemlevladenyi v Italii nakanune vizantyiskogo zavoevanya", Z. V. Oudaltsova, "Vizantyiskiy Vremennik", XI, 1956 : [recenzja]
SURVEY OF LITERATURE
of the joint ownership in the Greek law. The author makes also
use of the papyri and of the papyrological literature (p. 112, 117,
139, 140, 142).
This fundamental work is also very interesting for a
papyrologist although it lies beyond the sphere of papyrology (the papyri
are quoted only on p. 205e). Noteworthy are especially the
statements concerning the development of private land-property (p.
224—230), the right of assent (p. 9962, 166, 1687), the right of
possession (p. 87 ff.), the provincial land (p. 222 ff., 3226. They can
contribute to our understanding of analogous institutions in the
law of the papyri.
This article is a contribution to the problem of small landed
property in Italy in the epoch before the Byzantine Conquest and
can be also of use for historians of law and papyrologists as well.
This excellent monograph gives a detailed presentation of the
New-Babylonian lien and brings interesting parallels with the law
of the papyri, as regards the dead pledge, the general hypothec,
the antichretic pledge, the forfeiture pledge etc. The question is,
whether it is due or not to speak about the influence of the
Oriental Law on the law of Greco-Roman Egypt (p. 5, 6). As far
the special and general pledges are concerned (p. 146), right is
to be considered as the right endowed with real effect. Probably,
however, it is not identical with the ius in re aliéna, but signifies
rather a form of property in the sense of property held by
functionally limited shares. On the other side it was still no more a