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The Bail in Legal Babylonian Texts | ||
| Journal of Al-qadisiya in arts and educational sciense | ||
| Article 1, Volume 10, Issue 3, 2010, Pages 119-131 PDF (0 K) | ||
| Abstract | ||
| The bail in ancient Babylonian times is considered to have been one of the main and important insurances in the field of transactions. It is meant by bail that a person guarantees the debtor so that a creditor can pay back his loan. If the debtor breaches the items of the contract on the day of payment, the sponsor will be responsible for paying it back instead of the debtor. It is obvious that ancient Iraqis had two types of bails: a bail on the guaranteed person obliging the sponsor to bring him at a limited time, otherwise he will be liable for the debt. As for the bail on wealth, if the wealth is property, such as grains, it should be specified according to quality and weight. If it is something used instead of money, such as silver, the amount that the sponsor had to pay should be specified when the debtor breaches his contractual obligations. There had been one or several sponsors for one guaranteed person, or on the contrary, one sponsor for several debtors. The bail in the Babylonian law aroused many discussions among the modern researches; however, its basic characteristic was to present aid to the debtors by allowing who presents financial insurances or attending personally until the debtor performs his contractual obligations, and this is an easy matter to deal with and easy to ratify many contracts. In spite of the difference in time between the bail contracts in ancient Iraq and those of the recent times, which is about five thousand years, the legal rules in both communities, the ancient and the modern one, many be approximate, for the forms and rules followed by the ancient Babilonian community are still applicable in modern Iraq. This assures the vitality of the ancient Babylonian community and its deep thought as well as the highly developed legal principles which prevailed in it. | ||
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