A History of Ancient Near Eastern Law

(Romina) #1

950 


7.4.1 Terms
The most common documentary form in this period is the debt note
(u"iltu; Germ. Verpflichtungsschein), which in the overwhelming majority
of cases is formulated in the abstract, without mention of the grounds
for the debt. Many scholars regard it as a literal contract in the
Roman sense^154 —the debt is created by the document, not by trans-
fer of the object—but the arguments for this interpretation are not
compelling. Moreover, there are occasional references to debts being
created “without a debt note” (“a làu"ilti).^155 It should also be noted
that this type of document can be used for any kind of obligation.

7.4.1.1 The standard formula reads: “object belonging to PN 1 (cred-
itor) is to the debit of PN 2 (debtor)” (.. .“a PN 1 ina mu¢¢iPN 2 ). The
standard loan is interest-bearing (¢ubullu), but the ¢ubuttàtu(/¢ubut-
tùtu/¢ubuttu) loan, in which no interest is recorded, is also attested.
The term for interest (ßibtu) is seldom used (e.g., TCL 13 86:18;
TuM 2/3 35:26).

7.4.1.2 Less frequent is a document formulated as a real contract,
as is usual in the Neo-Assyrian sphere. Whether it actually reflects
Assyrian influence is a matter of dispute.^156 It is attested sporadically
from the seventh century to the Achaemenid period. In substance,
it is also to be understood as being a literal contract. The formula
reads: “object belonging to PN 1 (creditor) is in the hands of PN 2
(debtor)” (.. .“aPN 1 ina pàniPN 2 ).

7.4.2 Interest^157
The interest clause comprises the second part of the document. When
mentioned, the rate is generally 20 percent for loans of silver, but
there are considerable fluctuations, especially in commodity loans.
Frequently, interest is charged only if the debtor fails to repay the
loan on the due date.

7.4.3 Repayment
The due date for repayment is stipulated in the third part of the
document and often (for commodities, regularly) the place as well

(^154) See Ries, “Literalvertrag,” 35, §3.
(^155) VAS 3 217; 221; Cyr. 223: Petschow, “Kreditverträge...”
(^156) Petschow, Pfandrecht.. ., 50–51.
(^157) Ibid., 20–21, n. 43a.
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