پژوهش‌های تاریخی ایران و اسلام (Mar 2014)

Old Elamite Partnership Contracts

  • حسین بادامچی

DOI
https://doi.org/10.22111/jhr.2014.1971
Journal volume & issue
Vol. 8, no. 14
pp. 21 – 36

Abstract

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There are few documents written in Elamite language from the Old Elamite Period. Nevertheless, there are some 600 hundred legal documents from Susa of the Sukkalmah Period that provide us with direct evidence of Old Elamite social, economic and legal life. The present essay will study two contracts regarding commercial transaction in Old Elamite Susa; special attention is given to the form and content of these documents. A comparison with the nearly contemporary Laws of Hammurabi opens new perspective for comparative study and raises new questions regarding the cultural contact and shared common law between Elam and Mesopotamia. The cuneiform documents show the concern of the creditor who wants to save himself from all the risks involved in a commercial journey by putting the whole responsibly on the traveling merchant. The laws of Hammurabi, however, rule that in the case of enemy attack, i.e., force majeure, the traveling merchant is not to be held responsible. The documents furthermore, shed light on the economic role of the temples.

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