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Collected Papers of the Law Faculty of the University of Rijeka
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SUPPLEMENT Homage to Academician Lujo Margetiæ
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RETRA EFORA EPITADEJA I TESTAMENT
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Dr. sc. Sima Avramoviæ, redoviti profesor |
UDK: 347.76(38) |
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The introductory remarks of the Author accentuate the importance of the study of ancient law, emphasizing that professor Margetiæ was the first scientist in former Yugoslavia whose opus focussed this precious issue. In purpose to examine the generally approved opinion that Spartan éforos Epitadeus has introduced the institute of will (testament) in Sparta, the Author's analysis initially covers two direct sources (Plutarch, Agis 5 and Aristotle, Politics 1270 a). The Author underlines the difference(s) between the records, indicating that the first mentioned (considerably later origin) verbalizes referred disposition attributing to the precedent items of Aristotle ( dounai - to give a gift and kataleipein - to leave/bequeath) respectively interpolated words zonta - during life time and diatiqemenon - testate succession). However, the Author does denote Plutarch's quotation of the testament (as) unreliable due to the anticipated inclination of (all) nonjuridical narrators to define any kind of disposition mortis causa as the "testament". Further, the Author indicates that the issue here is not the testament with the institution of the heir (Erbeinsetzung) or the types of disposition - succession mortis causa ( diaqhkh with or without adoption). Analysing philological, historical, comparative legal and other prerequisites, the Author underlines that the essence of the Epitadeus' retra does not concern the introduction of testament as another instrument of descent or distribution but does refer another, more coherent and fundamental feature of disposal - elimination from restrictions reflected on simple types of disposition - a gift inter vivos and a gift mortis causa, entirely appropriate to the undeveloped Spartan legal pattern. Key words: Spartan law, testament, retra. |
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