A History of Ancient Near Eastern Law

(Romina) #1

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in an (interest-bearing) debt to the redeemer,^171 to be paid or (rarely)
worked off(in five years, TPK 1 156; see 7.6.1). In Anatolian deeds,
a heavy fine in silver and the death penalty is imposed on whoever
vindicates the person redeemed, especially those who had first sold
or bought him.^172 A unique case is the conditional sale of a “field
in cultivation,” which the Anatolian buyers will cultivate for five
years, during which period the sellers can get their field back at the
original price.^173 It is a forerunner of similar Middle Assyrian “restricted
conveyances” for long-term antichretic usufruct of fields, which if
they are not recovered, become the full property of the creditor.

7.2 Debt


Since most contracts are short and laconic, and all use the formu-
lation, “C(reditor) has a claim of x on D(ebtor)” (x CißßèrD i“û),
the origin and nature of the liabilities frequently are not clear. Those
related to trade record claims due to sale on credit and commercial
loans, but we also meet debts resulting from balancing accounts and
unpaid dues, profits, or shares in expenses.

7.2.1 Types of Debts^174
All manner of debts are called ¢ubullum, which usually implies the
obligation to pay interest, but the word is also used for debts result-
ing from sale on credit, where only default interest is due. While
¢ubuttatum, well known in Old Babylonian, is absent, Old Assyrian
uses ebu††um(frequently in the plural) for a type of substantial, long-
term investment loan, whose characteristics still need further analy-
sis.^175 A similar meaning has to be assumed for bùlàtum, literally
“(capital) put at somebody’s disposal.” Existing financial liabilities of
all kinds are usually described by stating that a creditor has goods/
money “in the heart of ” (ina libbi) his debtor.

(^171) Ka 1096, Donbaz, “Kanwarta.. .”; also kt 89/313.
(^172) In kt 89/k 371 (Donbaz, “Remarkable Contracts, II.. .,” 139), a couple prob-
ably redeems a daughter, and the sellers are all their creditors (bèl ¢ubulli“unu tamkàrù“u)
and those forbidden to “come back” on the redeemers (“the ubadinnum, tusinnumor
his creditor, or anybody else”).
(^173) See Bayram-Veenhof, “Real Estate.. .,” 92ff., no. 1.
(^174) See Veenhof, Aspects.. ., 419ff.
(^175) See Derckson, “Financing.. .,” 97f. The remarks in CAD E 21, discussion
section, require correction.
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