IEphesos 4 and the Theory of Consensual Contracts in Hellenistic Law

Abstract

Starting from some new sources that demonstrate that contractual liability in Greek law was conceived as a delict, this paper tackles the basis of contractual liability in Hellenistic law by taking into account an inscription of this period (IEphesos 4) and some literary sources related to Athenian law that have been put forward against the theory by Hans-Julius Wolff called Zweckverfügung or -in English- disposal by a purpose. It is significant that this theory had rightly asserted that liability arisen from contract was understood as a delict. After evaluating these sources, it is stated that IEphesos 4 does not constitute a proof against this theory.