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Eshnunna law- The first Sami law before Hammurabi law-(The legal study) | ||
| Journal of Juridical and Political Science | ||
| Article 1, Volume 3, Issue 1, 2014, Pages 55-87 | ||
| Author | ||
| Professor. Dr. Rasheed M. Mohammed Al-Rubai | ||
| Abstract | ||
| The Law of Eshnunna is regarded the first Sami laws in ancient IRAQ, For it had preceded the Hammurabi Law, and being one of its sources. The Eshnunna law had not been searched, in detail, in the Arabic language, particularly, Form its legal aspects, ther fore intended to search it through a descriptive approach including analysis and comparison. The following are the primary contents, characteristics and conclusions of the Eshnunna law: 1- It lackes clearly a general theory, legal formulation, and subject unity as all ancient Laws. 2- It was adopted writing as an evidence instrument, and not as element in contract. Also, had adopted the principles of consent and pacta sunt sevanda. 3- It has mixed between criminal responsibility and civil responsibility as in amercement. 4- It has included the discrimination between society classes. 5- It has determinated the prices and wages that were not existed in other ancient laws. 6- It has stated some contracts (Sale, lease, loan, deposit, …..) also, it has stated the following crimes with its punishments (negligence, larcency, trespass, treason, kidnapping, …). | ||
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