7.1.4 Breach
Although the documents describe an executed contract, there remained
various contingencies for which a party could be liable under an
express contractual term, secured by a promissory oath. If some-
one with better title claimed the property, the seller was obliged to
provide a substitute (Steinkeller 26, 36a, 94**:12–16). For this pur-
pose, the seller frequently had a guarantor; in Steinkeller 127, it is
the guarantor herself who agrees to substitute as a slave. In another
contingency, delinquency by the purchased slave, the sellers agree
to become slaves themselves (Steinkeller 45). Note, however, that
Steinkeller 94**:8–11 excludes the seller’s liability for the death or
disappearance of the slave. Finally, the oath binds the seller (and
possibly also the buyer) not to deny the contract in the future.^110
Where a seller repossessed his slave, he was condemned to refund
the price plus three years’ hire (NG 204:2–13).7.2 Loan^111
The loan documents record mostly loans of silver, some of barley,
and a few of other commodities.7.2.1 Form
There are three types of loan document:(a) The most common is a simple receipt (Lutzmann: Realvertrag): “A
has received (“u.. .ba-an-ti) x silver from B.” Although it may be
combined with more explicit clauses, this succinct form only implies
the obligation to repay. Indeed, some documents even omit the list
of witnesses (the usual mark of a legal document), at which point
it is difficult to distinguish from an administrative receipt.
(b) A promissory note (Lutzmann: Leistungsversprechen): “A shall pay B
x silver in month y.” Often it is combined with a promissory oath.
This form may also be used for other undertakings, for example,
to deliver goods or services.
(c) A debit note (Lutzmann: Verpflichtungsschein): “A is owed x silver by
B” (in-da-tuku, lit.: “has with”). This is the only form exclusively
used for debt and, unless the document contains supplementary
clauses, does not reveal the cause of indebtedness.(^110) See Steinkeller, Sale.. ., 44–71.
(^111) Lutzmann, Schuldurkunden.. .; Steinkeller, “Money-Lending...”
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