Antichresis: a comparative study of classical Roman law and the contractual praxis from Roman Egypt

R. Bobbink, Q. Mauer
2019 Legal History Review  
SummaryThe authors examine how papyrological sources from Roman Egypt written in Greek on antichresis relate to classical Roman law. Antichresis attested in papyrological antichretic contracts had a lot in common with antichresis emerging from Roman dispute resolutions. There was only one substantive difference: in classical Roman law, protection of the debtor was emphasized, whereas in the Greek papyrological antichretic contracts the position of the creditor was favoured. Given the
more » ... iven the similarities found, the authors conclude that antichretic loan both as an independent legal institution and as a pactum antichreticum was a pan-Mediterranean legal concept.
doi:10.1163/15718190-00870a03 fatcat:vfhkorprabcala6r7wtjxtcpm4