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principal debtor. If it began at default or even later (to effect release
of the debtor from the creditor), the surety appears to have taken
over as primary debtor, usually with an obligation to pay within a
very short period. He was said to have removed the creditor’s con-
trol (qàtam nasà¢um).
Once the surety had paid the creditor, he had a full right of
regress against the original debtor.^1537.7 Hire^154
In principle, payment was due at the end of the period of hire, but
part payment in advance was common.^155 The hirer was obliged to
return the object of hire in good condition.7.7.1 Movables
The following are the main types attested.7.7.1.1 Animals^156
Mostly oxen and donkeys are attested. The law codes set norms for
rates of hire (LH 242–43, 268–70), which may include driver and/or
cart (LE 3, 10; LH 271–72). They also fix compensation for loss or
damage. If death of the animal is caused by the hirer’s negligence
or abuse, he is liable for its full value (LH 245; SLEx 10'). The
hirer is excused if death were caused by force majeure, such as a
lion or disease (LOx 7'; LH 244, 249; SLEx 9'). If, however, the
hirer put the animal at risk, he is strictly liable (LOx 6). If it wan-
ders away and is lost, SLEx 10' holds the hirer liable, but a litiga-
tion document suggests that he might exculpate himself by oath.^157
The hirer is liable for a proportion of the animal’s value if he injures
it (LL 34–37; LOx 1–4; LH 246–48).7.7.1.2 Boats
A boat could be hired together with a boatman (malà¢um) and crew.
An owner might hire out his boat to a boatman who could in turn(^153) See Ries on YOS 14 158 and ARM 8 71, and cf. Westbrook and Wilcke,
“Liability.. .,” on MVN 3 219.
(^154) Stol, “Miete.”
(^155) Full prepayment was applied where circumstances demanded; see LE 9 (har-
vester) and 7.7.4.1 below.
(^156) Roth, “Scholastic Exercise...”
(^157) CT 4 47a = UAZP 305 + AfO15, 77.
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