ΤΗΕ ἐπιτροπῆς δίκη OF DEMOSTHENES

Abstract

Matters related to family law and inheritance law are a recurrent subject in the forensic speeches of Attic speakers, especially Iseo (after 415-after 343 B.C.) and Demosthenes (384-322 B.C). According to the legislation in force in classical Athens, only the legitimate son, born of a union between Athenian citizens mediated by engye or epidikasia, was entitled to inherit the paternal patrimony. However, if the child was a minor at the time of the father's death, the succession was administered by guardians (epitropoi) who represented him until the second year after reaching adulthood, at which time he simultaneously assumed the condition of kyrios of oikos, on the one hand, and that of citizen, on the other. In this article, we make comments on succession law, specially considering the speech of the speaker Demosthenes, Against Aphobus I (D.27), whose accusation argument focuses on the mismanagement of the speaker's inheritance by his guardians, especially Aphobus. Other topics related to family law are also addressed, such as the marriage contract and the alimony of Demosthenes' mother and the dowry of the latter and the orator's sister.

Keywords: Demosthenes. Against Aphobus I (D. 27). Inheritance. Inheritance right.