THE CONTRACT OF SALE IN ANCIENT NEAR EASTERN LAW

The paper aims to examine the evolution of the sale contract in the Ancient Near East from the third to the end of the first millennium BC. First, sale formularies from the third millennium are discussed; then the evolution of the Assyrian and Babylonian sale contract in the second and first millennia is presented, followed by a survey of sales from the Mesopotamian periphery. This analysis shows, on the one hand, a growing importance of writing, and, on the other hand, the declining role of symbolic gestures. It is also shown that several elements were common to contracts in the entire ancient Near East. Those are, among others, the “full price” clause, the formula stating that the buyer has been paid, as well as various provisions securing the irrevocability of the transaction. As for the latter, the existence of regional preferences should be noted. In Babylonia a sworn obligation of the parties was often considered sufficient, whereas in the periphery severe financial and/or penalties were added. It is also clear that sale always remained a cash transaction, that is to say, a real contract. If the price was to be credited, a debt note had to be drawn, whereas in proper sale contract, a fictitious payment would be noted; otherwise, the ownership would not pass