Epiclerus
An Epikleros ( ancient Greek ἐπίκληρος epíklēros , heir daughter '; plural ἐπίκληροι epíklēroi ) is the daughter of a man who died without a male heir; she did not become an heir, but the estate passed with her to her husband.
Epikleros in ancient Greek law
The epiclerate was an institution in the legal system of ancient Greece . It has been proven for Athens and Gortyn on Crete , and it probably existed in a similar form for Sparta .
In many Greek cities ( poleis ) women had no real right of inheritance. In legal transactions, a woman had to be represented by a male relative, her Kyrios ( κύριος ): in the case of an unmarried girl or a widow who had returned to her family home, this was usually her father or, alternatively, her father's brother or uncle; but it could also be her son. A married woman was represented by her husband.
If the father of an unmarried woman died without leaving a male heir, the daughter could not freely dispose of that inheritance. Because she was not Kyrios (“disposer” or head of the household) herself, she could not exercise any power of disposal over others or over property. She became an epikleros , an heir. She was now de jure in possession of the inheritance ( οἶκος , oikos , literally "house", i.e. household or household) of her father, but needed a new kyrios . In order to secure the existence of the oikos , extensive legal regulations were developed on this subject. Accordingly, the next of kin of her father, often his brother, was obliged to marry the heiress. If he was already married, he could either obtain a divorce from his wife so that he could marry the heir or leave the epikleros to the closest relative. The duty of the father's closest relative to marry or to hand over to the closest relative also existed if the wife had little or no wealth. If no relative was ready for this, the Archon had to force the next of kin to furnish her with a trousseau and to marry her. Numerous details regarding the epikleroi and the legal status of women in ancient Greece, especially their ability to acquire possession, have not been clarified.
See also
Single receipts
- ^ Wilhelm Gemoll : Greek-German school and hand dictionary . G. Freytag Verlag / Hölder-Pichler-Tempsky, Munich / Vienna 1965.
- ↑ see: Gerhard Thür : The Unity of "Greek Law". Thoughts on procedural law in the Greek poleis. In: Etica & Politica. 9, 1, 2007, ISSN 1825-5167 , pp. 25–54, here p. 30, online (PDF; 217 kB) .
literature
- Walter K. Lacey: The family in ancient Greece . Zabern, Mainz 1983, ISBN 3-8053-0543-5 (standard work, even if some of Lacey's theses are in need of revision).
Web links
- Konstantinos Kapparis: Women and Family in Athenian Law, in: Demos: Classical Athenian Democracy (English article on Attic family law, PDF )