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  • 1 Karl-Franzens-Universität Graz Römisches Recht Universitätsstr. 15 A-8010 Graz Austria
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The 64 lines of the new Hypereides speech exhibit the argumentation and the legal position of a guardianship case ( dikē epitropēs ). Its central legal topic is the leasing ( misthōsis ) of an orphan’s estate. The archon was obliged to assemble a court sitting ( dikastērion ) upon the guardian’s application, and the estate (the oikos ) was auctioned to the highest bidder, who could also be the guardian himself. In the study I show that the auction had the character of a diadikasia , the highest bid meant the greatest estimation of the value of the oikos by the bidders. Concerning the prosecution ( phasis ) of an orphan’s estate I demonstrate that the prosecuter’s aim is not the punishment of the guardian, rather he wishes to lease the oikos himself. Thus he initiates the procedure of the misthōsis described above.