Υιοθετημένα και "αναθρεπτά" παιδιά : ο νομικός θεσμός και η πρακτική του εφαρμογή στην κοινωνία της βενετικής Κρήτης

Part of : Επετηρίς του Κέντρου Ερεύνης της Ιστορίας του Ελληνικού Δικαίου ; No.42, 2010, pages 147-180

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Pages:
147-180
Parallel Title:
Children adopted and "anathrepta" : the legal institution and its praticai application in the society of Venetian Crete
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Abstract:
Adoption constitutes a practice not particularly widespread in the Venetian world. It concerns actually almost exclusively the engagement of children belonging in particular groups, such as for example the abandoned children. This tendency naturally also influenced decisively the regions conquered by the Republic of Saint Mark. In Crete, the testimonies from published notarial and administrative material of acts of adoption are minimal. On the contrary a substantially widespread use is noted of a parallel, informal institution, that of “anathrepta” children, which however did not produce legal effects. Moreover the social standing, the status, but also the attitude of the adopting family against these children varies and its appears to be influenced from a plurality of factors. The social and economic situation of the family or the bonds of kinship of the children with the adopting parents constitute data that give rise to large internal divergences. The notarial documents and particularly the wills constitute valuable guides in this effort of interpretation of behaviours. In a lot of cases the adopting parents seem to practise powers onto their “anathrepta” children that are similar to those of real parents, agreeing in their nuptial agreements, giving them a dowry and rendering them their heirs. In other cases, especially when the family core also includes legal children, the “anathrepta” children are limited to the granting of mere bequest. It is worth noting that in a third level another category of children, that of foster-children (psychopaidia) is also included in the Cretan family, such children enjoying a yet more relaxed institutional framework of incorporation, thereby being found at an intermediary situation between “anathrepta” children and servants.
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Πυρήνα αυτής της μελέτης αποτέλεσε σχετική ανακοίνωση στο I ' Διεθνές Κρητολογικό Συνέδριο (Χανιά, 1-8 Οκτωβρίου 2006).