THE GROWTH OF THE CUSTOMARY LAW The contribution of each city in the configuration of the Hellenistic right cannot be determined. It is unknown the origin of each provision which is incorporated by the contracting signatories in the various legal documents. Most provisions in the Hellenistic right have customary character. New published laws and resolutions that would interest the private right are few. The provisions that are applied in various Hellenistic cities have customary character even if they interest they report him as laws. The place of law in the hellenistic monarchy occupies the royal legislation while the name “law” is used only in the provisions applied by citizens with Greek origin. The Hellenistic years were very expedient for the growth of the customary law and its incorporation in the official rules fair. Even in the popular assemblies they cease to publish “laws” as long as they consider the provisions of customary character as “laws”. On the contrary “laws” are not called the provisions of monarchies.
FAMILIAL LAW The hellenistic marriage. The marriage in the Athenian law presupposed the realization of two constitutive actions: the eggyi (guaranty) and the ekdosis (Giving of bride and dowry, by father, to groom - essential part of the transaction of marriage among the Greeks). However the very essence of the classic marriage is identified with the co-habitation. The marriage of the Hellenistic years constitutes a blending of the above elements. The eggyi and the ekdosis are maintained while in the public archives of Mykonos legal acts are entered under the name “guarantees” with object the constitution of dowry. In the right of hellenistic Egypt the guaranty is disappeared while the ekdosis of the bride from her dominant or the parents or from one of them or even from herself ([aytoekdosi]) remains. The citizenship is obtained more easily and the cleanliness of body ceases to be constituted a concern of the citizens. The marriage ceases to constitute a relation that is worked out between two houses for the interest of the city and becomes an affair between two persons. Conditions of valid marriage. In the Hellenistic cities the common attendance of the spouses continues to be required. In the interior of the monarchies and out of the cities, the common origin loses its importance. The consequences of mixed marriages in the interior of Hellenistic monarchies have social character and do not affect on the prestige of the married relation. The kinship in straight line between two persons continues recommending impediment of marriage. On the contrary the marriage by affinity it does not constitute impediment even between brothers.