Diaitetai

In Greek law, private arbitrators appointed by mutual agreement by both parties to the dispute were referred to as diaitetai or diaiteten . They were supposed to either mediate or have the power to make a final decision. Often both sides of the dispute each ordered a diaitetes , which in turn agreed on a third diaitetes . The three of them formed a court of arbitration.

In Athens, diaitetaí held a public office that every citizen of the city had to exercise after the age of 59. Instead of the Thesmothetes, they carried out the proceedings in property law proceedings that exceeded a value in dispute of ten drachmas. A decision could be recognized as binding by both parties, but one party could also bring the proceedings before the People's Court, the Heliaia . In one such case, the evidence was sealed in two clay vessels. Only this evidence was allowed to be used in the upcoming trial.

Breaches of the law on the part of the diaitetaí were punished by atimie . At the end of their year in office, the diaitetai were honored by decree.

swell

• Aristotle , Athenaion politeia 53, 2-6.
• Demosthenes , Orationes 27, 1; 59, 47.

literature

• Artur Steinwenter : The end of the dispute through judgment, arbitration and settlement . 2nd edition, Beck, Munich 1971, ISBN 3-406-00608-6 .