future performance. Likewise, the provisions in decrees and law codes
that regulate contractual obligations intervene in completed or partly
executed contracts.7.2.5 HL 28–29 represent a clear exception to the above. In a con-
tract of betrothal between the bride’s parents and the groom, the
law distinguishes between a daughter who is “promised” (taranza) and
one who is “bound” (¢amenkanza). The second condition results from
a betrothal payment by the groom. If the parents then give their
daughter to another in breach of contract, they must pay the injured
groom double the betrothal payment that they received. If the par-
ents commit the same breach in the first case, it is likewise treated
as a breach of contract, even though the contract is wholly execu-
tory. They must pay the groom compensation, in an unspecified
amount. Furthermore, a third party who abducts a “promised” daugh-
ter in disregard of the contract must pay the groom compensation
for interference in his contractual relations.7.2.6 Evidence from Neo-Sumerian trial records (di-til-la) suggests
that the betrothal promise was more than a simple statement; it took
the form of a solemn promissory oath. The promissory oath was a
self-curse invoking a god or the king, by which a person imposes a
strict obligation upon himself.^44 It was in its nature unilateral and
was very flexible, being adaptable to any situation, contractual or
otherwise. At the same time, it was a highly formal procedure.7.2.7 One other type of contract is attested that is based purely
on promissory oaths: the international treaty. Treaties were governed
by the same law as private contracts, albeit with kings as parties and
gods as witnesses (see 9 below). Their special features are that their
provisions generally concern purely future conduct and that they can
be bilateral or unilateral. Bilateral treaties are simply two sets of
oaths that may or may not coincide. In parity treaties the obliga-
tions to which each side swears are identical, or at least mirror
images. Vassal treaties are a list of obligations on the vassal, and
only the vassal takes the oath.(^44) On the oath, declaratory and promissory, see the essays in Lafont, ed., Jurer
et maudire...
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