A History of Ancient Near Eastern Law

(Romina) #1

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from work. Typical of real-estate tidennùtucontracts is a clause for-
bidding any claims regarding the dimensions of the field pledged
and a clause preventing the debtor from retrieving the field if it had
already been ploughed (and was about to be sown). Common to
both kinds of tidennùtu are the clear title and breach of contract
clauses.

7.5.5 Some personal tidennùtucontracts include an additional surety
(mà¢iß pùti) to guarantee the primary obligation.^147 Noteworthy are
two personal tidennùtuguaranteed by real estate; in these cases, too,
the texts make use of the term mà¢iß pùti, which normally applies
only to sureties.^148

7.5.6 Compared with the more than two hundred extant personal
and real-estate contracts, we only have two records of cancellation
of real-estate tidennùtu, after repayment of the debt.^149 Are we to sup-
pose that all the other debts were never repaid? Note that the tidennu
pledges produced a far higher yield for the creditor than the 50 per-
cent annual rate of interest of ¢ubullu loans.^150 Given the length of
contractual terms, which in the case of personal pledges could be
lifelong, it might well be that the real substance of these transac-
tions was the de facto alienation of persons and landed property,
albeit disguised under the legal format of a secured loan.

7.6 Trading Venture


7.6.1 Long-distance trade is well attested at Nuzi, conducted by
both the palace and by private entrepreneurs.^151 As in other docu-
ments of the second millennium, the semantic range of the term for
merchant (Akk. tamkàru= Sum. DAM.GÀR) includes both private
individuals who provided capital for financing trade ventures and
the actual traders.

(^147) E.g., TCL 9 10; JEN 306; EN 9/2 152; cf. AASOR 16 29. See Zaccagnini,
“Nuzi,” 229–31.
(^148) EN 9/1 265; AASOR 16 60; commented on by Zaccagnini, “Nuzi,” 232–33.
(^149) EN 9/1 181; AASOR 16 67.
(^150) Cf. Zaccagnini, “Osservazioni.. .,” and Jordan, “Usury.. .,” although the lat-
ter’s calculations are questionable.
(^151) Cf. Zaccagnini, “The Merchant...”
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