Symposion 2019, pp. 335-358, 2021/12/15
Vorträge zur griechischen und hellenistischen Rechtsgeschichte (Hamburg, 26.‒28. August 2019)
There is evidence to assume that legal intercourse between differentclasses of provincial populace was more intensive than commonly assumed inscholarly literature. Focused on the period before the Constitutio Antoniniana, aresponse of Scaevola will be introduced regarding a Greek parakatatheke inter vivosbut employed in inheritance context (D. 32.37.5 18 dig.). Upon the paradigmaticcase it can be argued that the ‘choice of law’ was not only based on status, but alsoon personal considerations, even among Roman citizens in a provincialenvironment.
Keywords: Roman law and indigenous law, principle of personality, inheritance, parakatatheke, Gnomon of the Idios logos