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accounts were true and a promissory oath not to raise further claims
(BAP 78 = UAZP 171).7.9 Deposit^176
The rules of deposit are known to us only from the law codes; it
was not a contract customarily recorded in writing.7.9.1 Bulk Goods
LH 121 fixes the rate for storage of grain in a silo (na“pakùtum). As
the depositor’s grain was not separately identifiable, there was oppor-
tunity for fraud by the depositee through shortfall, abstraction, or
denial of the contract. Fraud could be established by a declaratory
oath of the depositor and led to a penalty of twofold restoration (LH
120; cf. UET 5 10).7.9.2 Specific Goods(maßßarùtum)
LH 123–24 require an agreement before witnesses.^177 LH 125 makes
the depositee liable for restitution if by his negligence the deposi-
tor’s goods are stolen along with his own (thus eliminating the pos-
sibility of fraud) but possibly gives him the right to recover all the
stolen property as his own, if he catches the thief. LE 37 (as restored
by Landsberger) in similar circumstances appears to make the deposi-
tee liable only for fraud.^1787.10 Carriage(“èbultum)
Silver, gold, or commodities might be consigned to a person for
delivery elsewhere. A fee is not stated in the contract, although it
might allot the carrier rations for the journey. The contracts imposed
various penalties for late delivery calculated on the sum consigned,
for example, interest (TIM 3 118), double (YOS 12 201) or loss of
standard profit (TCL 10 98).^179 LH 112 imposes a five-fold penalty
on the carrier for misappropriation of the goods.(^176) Ibid., 233–41; Koschaker, Rechtsvergleichende Studien.. ., 7–33, 55–57.
(^177) “ìbìu riksàtim. Contrary to Roth’s translation (following Koschaker), it was not
a written contract (see Greengus, “Marriage Contract.. .”).
(^178) On the difficulties of LE 36–37, see Landsberger, “Jungfräulichkeit.. .”; Yaron,
Eshnunna.. ., 248–51; Westbrook, “nap†arum.. .”
(^179) See Leemans, Foreign Trade.. ., 57–76.
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