APH´ANES OUSIA
APH´ANES OUSIA (
ἀφανὴς
οὺσὶα) and the correlative term
φανερὰ
οὐσία have been variously explained. First, that
ἀφανὴς οὐσία answered to the Roman
res incorporales or intangible property, i. e.
rights. [
DOMINIUM] But this
distinction did not exist in the older Roman law, and it is still less
likely to have occurred to the simpler legal conceptions of the Greeks.
Secondly, that
φανερὰ οὐσία denoted
immovable (in English law, real) property,
ἀφανὴς
οὐσία movable property or personalty. This is the opinion of
Böckh, K. F. Hermann, and Schömann, founded on the express
testimony of the grammarians (Harpocrat., Suid., Bekk.
Anecd.
1.468); and it is by much the most probable. A third explanation,
originating with M. de Koutorga (
Essai sur les trapézites
ou banquiers d'Athènes), is supported by Caillemer in
Daremberg and Saglio: that
φανερὰ οὐσία
meant unconcealed property,
en évidence
before the tax-gatherer;
ἀφανὴς of course
the reverse. It would seem that this view rests upon a confusion between the
technical legal phrase
φανερὰ οὐσία and
the ordinary expressions
φανερὸν ἀργύριον, φανερὰ
χρήματα for “ready money” or “balance at
the banker's.” The following passages, not cited by M. Caillemer,
are, we think, decisive against his view, all referring to the conversion of
real property into money:--Isaeus,
Philoctem. § 38;
Dem.
de Pace, p. 59.8, and
c.
Nausim. p. 986.9. The words of Harpocration are worth quoting for
their brevity and clearness:
Ἀφανὴς οὐσία καὶ
φανερά: ἀφανὴς μὲν ἡ ἐν χρὴμασι καὶ σώμασι καὶ σκεύεσι,
φανερὰ δὲ ἡ ἔγγειος. Schömann in his latest work
(
Antiq. 1.180 n., E. T.) remarks on (
φανερὰ οὐσία or immovable property:
“This is at least the predominant signification of the expression,
although it is sometimes used in a more general sense of all property of
every kind which was not concealed.” He refers, as does M.
Caillemer, to Isocr.
Trapezit. § 7, where however
the expression is
τὰ φανερὰ τῶν
χρημάτων.
[
W.W]
