A History of Ancient Near Eastern Law

(Romina) #1

 605


do not adopt the format of the fictional adoptions,^131 the mention
of gifts is consistent with the overall formal pattern of the Nuzi real-
estate deeds of transfer.


  1. C


As elsewhere in Mesopotamia, the Nuzi texts attest only to a lim-
ited range of contracts which, for different reasons, were recorded
on clay tablets for archival and legal documentation. The great major-
ity of transactions concluded between private parties were undoubt-
edly oral agreements, the traces of which are mostly lost. The following
are the most important categories of extant contracts.

7.1 Sale


7.1.1 As seen above, sale of real estate was effected by means of
fictitious adoption. Sale of movable property, on the other hand, is
frequently attested. The price could consist not only of the items
commonly used as currency, namely, silver and barley, but also inclu-
ded all manner of commodities, such as copper, wool, and textiles.^132

7.1.2 The documents explicitly mention the term “ìmu, “(purchase)
price,” in the standard expressions “to give (nadànu) for a price” (i.e.,
to sell), and “to take (leqû) for a price” (i.e., to buy).^133 As a rule,
transfer of the item sold and payment of the price took place at the
same time.^134 Payment could be deferred, however, to judge from
statements like: “PN bought a sheep (from me) but he did not pay
its price; and indeed he did not return the sheep (to me)” (AASOR
16 8: 60–62).

7.1.3 Payment in advance is frequently attested in agreements
between a purchaser and a third party, most often a merchant, who

(^131) Note that in all the above documents, the property is transferred to Tehip-
tilla, whose vast land acquisitions are always carried out through màrùtuadoption.
(^132) Cf. Zaccagnini, “Transfers of Movable Property...”
(^133) See the references assembled in CAD ”/3, 25b–26a.
(^134) See, e.g., UCLMA 9–3023 (= JCS 46 (1994), 108): 1–7: “PN and PN 2 have
taken 1 homer of barley, belonging to PN 3 , as purchase price for a cow. They (scil.
PN and PN 2 ) have given one cow to PN3.” Cf. Deller, “Eine Kaufurkunde...,”
and Müller, “Bemerkungen.. .,” 315–316.
WESTBROOK_f14–564-617 8/27/03 12:28 PM Page 605

Free download pdf