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interested parties refused to participate in the construction of the
aqueduct, the owner could obtain from the judges exclusive use of
the irrigation water for his own land (MAL B 17 and O 5).6.4.3 Illegal seizure of property had to be certified by a judge and
gave a right of action against the perpetrator. This appears to be
the situation described in two letters (KAV 169 and 201) concern-
ing the same person, Ubru, who confiscated^98 the property of two
different persons, who declare that they are neither debtors (¢abu-
laku) nor thieves (sarraku). Ubru is summoned together with his wit-
nesses, but in one case at least does not appear at the first summons
(KAV 169). The threat of arrest that the judge invokes on the sec-
ond summons may perhaps have had more effect. At all events, it
shows the legal limits on protection of ownership. Ubru seems to
have been a dishonest creditor who seized pledged property, notwith-
standing repayment of the debt.- C^99
7.1 Sale
7.1.1 The sale contracts are essentially of land or slaves. They com-
prise a description of the object which the seller has given (iddin) or
transferred (u“àpi) to the buyer, who is said to have acquired it (uppu
laqi). There follow clauses on the payment of the price, the seller’s
liability, and the irrevocable character of the document.^100 Delivery
is not necessary for the sale to be valid; ownership is acquired by
payment of the price and not by conveyance. Sale on credit is very
rare and takes the form of a fictitious loan.^1017.1.2 Sale of land was publicized by three proclamations of the
herald in the month preceding the sale. In this way, anyone claim-(^98) Cf. the interpretation of Freydank, “bitqìbatàqu.. .,” 110–11 for KAV 201.
(^99) David and Ebeling, ARU, nos. 9ff.
(^100) David, “Rechtsurkunden.. .,” 552. The final clauses are comparable to those
found in the Old Babylonian period. The most striking example is provided by a
contract from the Terqa district, which is Middle Assyrian in ductus and date but
Babylonian in its formulary (Kümmel, “Kaufvertrag.. .”).
(^101) Koschaker, Neue keilschriftliche.. ., 35 and n. 2 for KAJ, which is probably an
example of sale on credit.
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