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not called a partner, was a special type of partner who shared in
profits but not losses.^173 According to Szlechter, the investor was not
a partner but, as lender, theoretically shared in losses as well as
profits (LH “cc”). In practice, his liability for losses could be excluded
by a clause in the contract of loan.^174 Partners were initially liable
to creditors only on a proportional basis but were mutual sureties
for the whole of the loan (CT 4 6a = UAZP 315).7.8.1.3 Agricultural Lease
This type is attested in documents in which partners jointly rent land
and participate equally in the expenses of cultivation and in the yield
at harvest. In some cases, the lessor is a partner himself, splitting
his legal personality between lessor and lessee (CT 2 32 = UAZP
177).7.8.1.4 Trading Venture^175
LH 100–107 discuss various transactions between a merchant (tamkàrum)
and a trading agent (“amallûm). They all involve the merchant entrust-
ing goods or capital to the agent, who embarks on a trading jour-
ney with them. On his return, they share the profit, but the merchant
is guaranteed a 100 percent return on his capital unless the agent
makes an actual loss, in which case he is still guaranteed restitution
of the capital itself, unless it was lost by force majeure. These trans-
actions were essentially loans (one form is a tadmiqtumloan: 102), but
they also have some of the legal characteristics of a partnership,
although not designated as such.7.8.2 Dissolution
As an adoption, common property partnership was dissolved by verba
solemnia (“You are not my brother”). Commercial and agricultural
partnerships, although limited in duration, required a special proce-
dure to close the accounts (“purification”: tazkìtum). It was a quasi-
litigious procedure before judges in the temple. The partners paid
offtheir creditors, settled the accounts, and divided profits and losses.
They took a declaratory oath before a divine emblem that their(^173) Eilers, Gesellschaftsformen.. ., 20–25.
(^174) Szlechter, Le contrat de société, 28–32.
(^175) Driver and Miles, Babylonian Laws.. ., 188–202.
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