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Η δίκη ἐξούλης κατά το Αθηναϊκό Δίκαιο της κλασικής εποχής (Master thesis)

Ελαφρός, Μιχαήλ/ Elafros, Michail/ Αστικό Δίκαιο, Αστικό Δικονομικό Δίκαιο και Ιστορία του Δικαίου και των Θεσμών

This paper examines the dikē exoulēs within the framework of Classical Athenian law, aiming to analyse its legal nature, prerequisites, procedural characteristics, and legal consequences. The study is based primarily on ancient sources, especially the speeches of Demosthenes and Isaeus, as well as modern scholarly literature on Athenian legal institutions. The first part explores the concept of property and its protection in Athenian law. It then analyses the conditions required for the initiation of a dikē exoulēs, including prior judicial decisions, inheritance rights, mortgage-based claims, and acquisitions through public sale. Particular attention is given to the procedural stages of the action, the competent magistrates, the evidentiary means employed, and the legal remedies available to litigants. The study further examines the legal effects of the action, focusing both on the restitution of the disputed property and on the financial penalties imposed upon unsuccessful defendants. The evidence suggests that the dikē exoulēs was not merely a remedy for the protection of possession or ownership, but also an institutional mechanism ensuring compliance with judicial decisions and safeguarding the authority of the legal order. The paper concludes that the dikē exoulēs may be regarded as an early form of compulsory enforcement, illustrating the gradual transition from self-help remedies to organised judicial mechanisms for the implementation of legal rights. Its study contributes to a deeper understanding of the evolution of enforcement procedures and the interaction between private rights, public authority, and property protection in Classical Athens.