Mesopotamian Archaeology: An introduction to the archaeology of Mesopotamia and AssyriaHandcock, Percy S. P. (Percy Stuart Peache)
History
Mesopotamian Archaeology: An introduction to the archaeology of Mesopotamia and Assyria
Handcock, Percy S. P. (Percy Stuart Peache)
Iraq -- Antiquities
The obvious advantages of partnership were soon recognized by the
commercially sagacious Babylonians, and business-partnerships were well
known in the time of Khammurabi. In arriving at the dividends, the usual
arrangement was for the partners to withdraw their capital and interest,
and then receive equal shares of the superfluous profits. The dividends
were made yearly and the withdrawal by each partner of his capital
virtually dissolved the partnership, which could of course be renewed
from time to time if desired.
As in all commercial enterprises, capital was the one essential, and the
need of immediate cash was supplied by the money-lender. The rate of
interest charged in Khammurabi’s time is not known, but the rate charged
on loans of corn was often as much as forty per cent. Such loans were
however generally in demand at seed-time, and if repaid at harvest, no
interest seems to have been charged. A debtor could repay his loan
either in the form of corn or sesame, and the value of each was fixed by
law. If a debtor was insolvent, he could hand over a servant to his
creditor to work off the debt which was due. The ownership of such a
servant was, however, still vested in the debtor, and the servant was
protected by law against maltreatment at the hand of the creditor. If he
were a free man, the creditor had to restore him to his original master
at the termination of three years, and the same rule applied if a wife
or child of the debtor were the pledge or surety.
Distraint was not unknown, but it was the last expedient which the
creditor was entitled to adopt after all other means had failed.
Distraint on corn without the previous consent of the debtor was
illegal, and illegal distraint _ipso facto_ forfeited the right of any
further claim on the part of the creditor, while the execution of a
distraint where no claim had been substantiated was penal, and the
theoretical creditor had to pay a fine. As before-mentioned no distraint
could be levied on a working-ox, and indeed distraint of any kind could
apparently only be issued subsequently to the consent of the debtor. In
short, the interests of the humbler and poorer members of the community
were safeguarded in every way possible. Not only were the small farmers
protected, but even the working-classes received the attention of the
legislators of Khammurabi’s time. Thus at harvest-time there was
evidently a tendency to put up the price of beer, and accordingly a
clause in the code enacts that drink was to be sold at a cheap rate in
spite of the increased demand.
Public-domain text, read in full here on John Shaqi.
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