(M655) A guarantee for appearance may have been only to come and pay, as
when G guarantees the creditor, a temple, that D will come on a fixed
date, and pay his debt; or if not, G will himself pay.(704) It may be a
guarantee that a man will not go away; by which may be meant escape
payment, or fail to appear for judgment. This is called a guarantee “for
the foot of” the person thus indorsed. The “foot” is said to be in the
“hand” of him who demands the guarantee. It often refers to debt. G
guarantees for the foot of D, out of the hand of L. If he goes away, G
will pay thirty-five _GUR_ of dates. Here G is the mother of D.(705) So,
probably on account of debt, G guarantees for the foot of D, his
son-in-law, from the hand of L;(706) again, G guarantees for D to L that D
will come on a certain day. G takes the responsibility for all D owes to
L, and will pay if D does not come.(707) Or, G guarantees for D and E that
they will not leave for another place. If they do, he will pay six
minas.(708)
(M656) But the appearance may be needed for a different purpose. G
guarantees to bring a witness to Opis, and give witness against L that one
who was guarantee for the foot of someone to L shall return at the right
time. If the guarantee shall prove that L was paid, he is free; if not, he
is bound to pay.(709)
D owed L a debt. L ceded this debt to M, but had to guarantee that D will
come and pay.(710)
(M657) Solidarity is in some cases a form of guarantee. Thus two men D and
E owe a debt to L. Each is taken as guarantee for the other that they will
pay.(711) This is one of the commonest forms of guarantee. The debt could
then be recovered in its entirety from either.
(M658) An example of a guarantee against theft is also found.(712)
(M659) A warrant against defects in a slave is very common. The seller
warrants that if the slave prove to have certain undisclosed defects,
vices, or liabilities, which would detract from his value to the buyer,
the seller will indemnify the buyer. This indemnification seems to be
effected by a return of the purchase-money and accepting the slave back.
But, in some cases, the seller returned part of the purchase-money
according to a fixed scale of allowances. In the sale of an estate, the
seller guarantees that he will indemnify the buyer in case of any defect
of title to sell, or any lien upon the estate.
(M660) Very common at all times was a personal guarantee not to dispute
the compact entered into. In fact, this may always be said to be assumed.
The oaths by which parties swore to observe the terms of the compact are a
form of this guarantee. The penalties, so prominent in Assyrian times, are
voluntary undertakings to forfeit stated sums, if found attempting to go
behind the contract.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account