Antichretic pledge was very common in later Babylonian times. The most
typical examples are houses. The lender (M644) has a house in pledge. To
him it is rent-free until the loan is repaid. Hence the common phrase
“rent is nought, interest is nought.” There was then no reckoning made one
against the other.(691) The creditor might not, however, care to take the
pledge in perpetuity against interest of a loan, never repaid. Usually a
date was fixed for repayment, at which time the debtor was bound to take
back his pledge. Thus a house might be pledged definitely for three
years.(692)
(M645) A reckoning might also be made, to check off profit against
interest. Thus D pledges a field to L, but on condition that, if in any
year the crop is less than will meet the interest due, he shall pay the
difference; but if, on the other hand, it be worth more, he shall take the
balance.(693)
(M646) The value of the pledge might, however, be such that it would
outweigh both loan and interest. At any rate, it should be as valuable as
the loan. Hence it could not be used as a further pledge to another. There
is often a guarantee that the pledge given has not been already pledged,
that no other creditor has a lien upon it.
(M647) In these cases the creditor enters into possession of the pledge
and enjoyment of it. He has some responsibilities towards it. He cannot
destroy it, or waste it. As a rule, he assumed full liability for all
cases for wear and tear. He also fed and clothed a slave pledged to him.
Now and then we find the debtor responsible for clothing the slave pledged
by him.(694) It is not essential, however, to the idea of pledge that it
should come into the possession of the creditor, only it is hypothecated
to him. This practice was very common in later Babylonian times.(695)
(M648) Such pledges give an eventual possession. Something like a
reversion occurs in the pledge of a share not yet divided.(696) Thus a sum
was borrowed on the understanding that if not returned by the proper time,
a slave shall be handed over as an antichretic pledge.(697) The man who
gives a pledge may not be in actual possession of it, but pledges it on
the understanding that he will hand it over as soon as it becomes his.
Thus B bought a slave and her two young children for sixty-five shekels,
but before they were handed over, he pledged them for fifty-five shekels.
Nine months later he sold them for sixty shekels.(698)
(M649) A common case is where the debtor pledges all he has to the
creditor, a pledge usually greatly in excess of the value of the loan and
its interest for a reasonable term, but remains in possession himself.
Hence the creditor has only a right over the pledge, a lien upon it, but
no usufruct. For this he had the bond. This also gives only an eventual
possession.
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