A History of Ancient Near Eastern Law

(Romina) #1

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7.1.1.3 Final Clauses
The same distinction is found in the clauses protecting the contract
from future claims. The immoveable property contract uses a no-
claims clause that goes back to the Middle Babylonian period, whereas
the movables contract contains a warranty against eviction.^135

7.1.1.4 An optional clause occurs in some field sale contracts, allow-
ing for a price adjustment if after measurement the field turns out
to be larger or smaller than initially stated.

7.1.1.5 Clauses containing an oath or curses are rare. The latter
are attested at Nippur and Dèr (Dùr-ili) until the seventh century;
the former in Babylon and Nippur until Cyrus (538–530).^136

7.1.1.6 In sales of prebends from Uruk in the late fourth and early
third centuries, the previous formulary is replaced by one modeled
on the movables formulary. After the operative section and receipt
for the price, there follow a warranty against eviction, a joint lia-
bility clause, and finally a new confirmation clause (“the object pur-
chased belongs to the buyer”).^137 Slave sale documents are attested
in Uruk only until ca. 275; there are none from Hellenistic Uruk.

7.1.1.7 As in the Middle Babylonian period, the seller of land fre-
quently appends “his fingernail instead of his seal” (ßupur kìma kunukki“u).
From the fifth century on, actual seals are customary—those of the
witnesses in addition to that of the contracting party, and in Hellenistic
Uruk, those of the guarantors.

7.1.1.8 There are many variants in the formulary, especially in the
few texts dating from before the end of the eighth century, which
are mostly on stone. Outside of Uruk, the formulary for immove-
able property is still attested in the late Seleucid period (CT 49 137;
CT 49 178; and CT 51 65 [parts of the same tablet]).^138

(^135) For the formulation of the clauses, see Petschow, Kaufformulare.. ., 28–36, 55–68.
(^136) Ibid., 39–40.
(^137) Ibid., 69–72; Krückman, Babylonische.. ., 24–38.
(^138) Spek, “Land Ownership.. .,” 201–4.
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