Fiktív kölcsönszerződések az agoranomosok gyakorlatában
Fictitious Loan Agreements in the Practice of Agoranomos

Summary/Abstract: In the Egyptian-Greek legal practice the „fictitious loan agreements” are known as specific constructions of deferred purchase contracts of the ancient legal practice. While Roman law is well known from its consensual contracts, such as the sale contract (emptio venditio), furthermore it acknowledged constructions of sale contracts with deferred payment as valid sale contract, Greek law always adhered to the prompt sale and besides this, only additional solutions were applied. One of these solutions was the so-called „fictitious loan agreements” (συγγραϕὴ δανείου), where – as Fritz Pringsheim emphasized – if the seller provided the purchase price and „disguised” the sale as a loan, he had no claim on the basis of the sale, but could only sue on the basis of the loan. There remained several documents of this kind, but in light of recent papyrological researches, new evidences suggest a revision on how we classify these documents.

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