Supervisors info:
Ελευθερία Παπαγιάννη, Καθηγήτρια, Νομική Σχολή, ΕΚΠΑ
Αθηνά Δημοπούλου, Καθηγήτρια, Νομική Σχολή, ΕΚΠΑ
Μάριος Τάνταλος, ΕΔΙΠ, Νομική Σχολή, ΕΚΠΑ
Summary:
This thesis deals with the institution of emphyteusis as a form of property exploitation from the late Byzantine years to the 19th century, examining it through the basic legal codes of this time period. This institution, that originates back to Greek antiquity, survived through the centuries, with differentiated content and terminology, depending on the region, the era and the prevailing economic conditions. Initially, in the present paper, a brief introduction on the history of the institution from its appearance to the late Byzantine years is made. Then, in chronological order, the relevant provisions of the most important legal works and codes until the end of the 19th century are stated : The Hexabiblos of Harmenopoulos (1345), the Nomokanonas of Bactria of High Priests (1645), the Nomikon Proxeiron of Michael Foteinopoulos (1766), the Syntagmation Nomikon of Alexandros Ypsilantis (1780), the Political Code of the Principality of Moldavia (1817), the Political Code of Hungary-Wallachia (1818), the Civil Laws of the Kingdom of the Two Sicilies of Italy (1819), the Ionian Civil Code (1841), the Civil Code of the Kingdom of Italy (1865), the "Civil" Greek Code Bill (1874), the Civil Code of the Principality of Samos (1899) and finally, the Civil Code of the Cretan State (1904). When it seemed necessary by the author for a better understanding of the institution, some historical elements were also included, while a chapter of the paper is dedicated to understanding its practical aspect, through relevant jurisprudence and a collection of customs from the year 1345 to the year 1810. Also, a chapter related to the elimination of the institution from the Greek Civil Code (1946) is included, while finally, some conclusions are drawn from the combined examination of the individual sections of the paper.
Keywords:
Della enfiteusi, Codice per lo regno delle Due Sicilie, canone, Codice civile del regno d'Italia,
