engleski

The Concept of the Free Loan - An Instrument of Primary Social Protection in Babylonian Legal System

Although there are a large number of papers in modern legal and historical science dealing with problems related to determination of the characteristics of the institution of loan in different legal systems, even in the oldest ones, researches focused on determining the characteristics and the reconstruction of a free loan are rare and few. Assuming that the primary institute of loan was used in cases of free transfer of consumable items with an obligation to return the same quantity and quality of other things this work is going to determine its relevance in the ancient law. Detailed interpretation of the available legal texts and preserved written documents place the instrument in question exclusively in the relationship of mutual trust between the family and close friends. But other than that, this research will seek to establish the occurrence of free loan in the primary area of social protection of the poor and sick people. The previously mentioned public function of the institute of loan is a sole feature of Babylonian law and, as such, it undoubtedly contributes to the understanding of its development. All this shows that the economic significance of a free loan must be considered separately from the lending business which in the modern legal and economic science is an almost exclusive framework of appearance of this legal institute.

free loan ; babylonian law ; social protection ; poor and sick people ; lending business

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