A History of Ancient Near Eastern Law

(Romina) #1

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profits with the creditor” (mimma mala ina àli u ßèri ina mu¢¢i ippu“ina
utur a¢i zittiPN 2 ittiPN 1 ikkal).
In the second type, involving only two partners, the partnership
is established with the words “x silver belonging to PN 1 and y silver
belonging to PN 2 , they have mutually placed in a business enterprise”
(x kaspa “aPN 1 uy kaspa “aPN 2 itti a¢ame“ana ¢arràni i“kunù). There
follows a similar profit-sharing clause.
The ¢arrànu enterprise was thus a partnership either between an
investor and an entrepreneur, who traded with the capital provided,
or between two investors who exploited their capital in common.^211
Its purpose was to make a profit. In the first type, the liability of
the debtor (= recipient of the capital) to the creditor for the sum
owed is often formulated as suretyship. In principle, it may be assumed
that losses normally fell upon the debtor.^212
¢arrànuenterprises are found in various areas of economic life in
the first millennium, not only in trade.^213 There is no evidence of
their use in the temple economy.^214

7.12.1.2 Animals could not only be hired out to several persons
ana ¢arràni, but could also be made available for common exploita-
tion in contracts containing no special terminology.^215 For land leased
in common, see 7.9.2.1.^216

7.12.1.3 Upon inheritance, landed property was often not divided
immediately by the heirs, but held for some time at least in com-
mon ownership. Division of the estate might then follow at a later
point to the exclusion of the land.^217

7.12.2 Dissolution
The documents establishing a ¢arrànuenterprise contain no mention
of the duration of the partnership. They must, however, have fre-

(^211) Lanz, ¢arrànu.. ., 68–88. Following other authors, Lanz uses the modern Civil
Law term “Kommenda” derived from Roman law. (For a definition, see ibid., 68).
(^212) Ibid., 28–35. In one case of a mutual investment partnership it is provided
that profit and loss shall be borne equally: see ibid., 59 (VAS 4 11 = NRVU 644).
(^213) Ibid., 139–44. For trading activities, see Oppenheim, “Overland Trade...”
(^214) Ibid., 144.
(^215) E.g., YOS 19 62: see Joannès, Archives de Borsippa.. ., 40, 331–32.
(^216) See also Ries, Bodenpachtformulare.. ., 24–25; Lanz, ¢arrànu.. ., 143.
(^217) Oelsner, “Nachlaß.. .,” 42 §1. E.g., landed property is not included in the
division in Dar. 379.
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