Now L died and was succeeded by his son M. L had already paid nearly a
third of his debt. M thus owed less interest on the loan still due and was
accepted by C as tenant at a lower rent. By this means M really made a
small profit to himself. In three years M had paid off the whole sum
borrowed by his father, and due from him as heir and executor, so he gave
back his father’s bond to C, also D’s bond to L. Now D paid back his loan
to M. His bond to L was destroyed. The claim of C on D was annulled, the
guarantees of D were free. A final deed of settlement was drawn up, in
which C acknowledged that he had no claims on D or M, nor on D’s sureties.
He had to say this, because he was not only creditor to M, but as long as
he held transferred to him the pledge of D, and the credit of L, he was a
creditor with claims on D also. Further, M declares that he has no credit
on D.(700)
(M653) A guarantee arises from certain persons undertaking to fulfil a
responsibility which is legally incumbent on another, in case he fails to
do so himself; or to secure that he shall fulfil it himself. Thus,
guarantees are very frequent at all times, especially in the later
Babylonian period, and are of many different kinds.
(M654) A guarantee for debt was an additional security to the creditor. Of
course, the original debtor is the security that the guarantor shall not
lose. A good example showing all sides is the following bond for three
minas due from D to L. G and W come in and guarantee that D will pay; if
not, they will. To protect themselves, they take as a pledge of D some of
his people. But D paid and received back his people, so that the bond was
returned to D.(701) Why D did not give his people as pledge to L direct is
not clear. G and W were probably persons of greater credit and perhaps
related to D. The guarantor was sometimes called on to pay. Thus G
guarantees for D, is called on to pay and D repays him.(702) The guarantor
was legally protected against the defaulting debtor.(703)
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