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Sales in Demotic Documents

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(1)

TÁMOP-4.2.2/B-10/1-2010-0012 projekt

Mark Depauw

Sales in Demotic Documents: an Overview

(2)

Sale in Demotic Papyri

An Overview

Mark Depauw

(3)

Preliminaries

Demotic

– stage Egyptian script (and language)

– between 7th cent. BC and 5th . AD

– ca. 15,000 Demotic texts published

– sale documents substantial minority

(4)

Typology often problematic

‘Contracts’

– Sale 347

• + Cession 126

• + Division 54

• + Donation 40

• + Exchange 10

– Marriage 150

Sale documents: typology

(5)

Typology often problematic

‘Sale objects’

Sale documents: typology

44%

18%

17%

8%

5% 3%

house land

prof. income cattle

all possessions slave

wheat

tools & objects garden land water rights

(6)

Sale and Cession

Date + ‘What A has said to B’

‘You have satisfied me with the money’

‘I have given it to you’

‘I have received its price’

‘I will intervene on your behalf’

‘I will swear an oath in court’

Consent of interested parties Signature of notary

Signatures of witnesses Date + ‘What A has said to B’

‘I am far from you concerning ...’

‘I have given it to you’

‘I will intervene on your behalf’

‘I will swear an oath in court’

Reference to the sale (and cession)

Consent of interested parties Signature of notary

Signatures of witnesses

Cession Sale

(7)

Sale and Cession

transfer of use transfer of ownership

Cession Sale

transfer of ownership and use

confirmation of existing situation

(8)

Sale and Cession

(9)

Cession

after verdict in a trial

after fulfillment of an obligation

after division of an inheritance

(10)

Sale as security

‘Mortgage’

Date + ‘What A has said to B’

‘You have a claim on me for X by Y’

‘If I do not pay you back by Y, then’

‘You have satisfied me with the money’

‘I have given it to you’

‘I have received its price’

‘I will intervene on your behalf’

‘I will swear an oath in court’

etc.

(11)

Sale as security

‘Annuity contract’

Date + ‘What A has said to B’

‘I have received X from you as sʿnḫ’

‘I will give you Y each year’

‘If I do not, then everything I own and will own is yours’

Consent of interested parties Signature of notary Signatures of witnesses Date + ‘What A has said to B’

‘You have satisfied me with the money’

‘I have given it to you’

‘I have received its price’

‘I will intervene on your behalf’

‘I will swear an oath in court’

Consent of interested parties Signature of notary

Signatures of witnesses

Sale of all possesions

(12)

Sale AND cession as security

Ptolemaic ‘Mortgage’

Date + ‘What A has said to B’

‘You have a claim on me for X on Y’

‘If I do not pay you back on Y, then’

‘You have satisfied me with the money’

‘I have given it to you’

‘I have received its price’

‘I will intervene on your behalf’

‘I will swear an oath in court’

etc.

Roman ‘Mortgage’

Demotic

Separate sale AND cession (with elaborate Greek subscription)

Greek Separate loan

(13)

Roman ‘Mortgage’

(14)

Sale as security

‘Annuity contract’

Date + ‘What A has said to B’

‘I have received X from you as sʿnḫ’

‘I will give you Y each year’

‘If I do not, then everything I own and will own is yours’

Consent of interested parties Signature of notary Signatures of witnesses Date + ‘What A has said to B’

‘You have satisfied me with the money’

‘I have given it to you’

‘I have received its price’

‘I will intervene on your behalf’

‘I will swear an oath in court’

Consent of interested parties Signature of notary

Signatures of witnesses

Sale of all possesions

(15)

Sale AND cession as security

(16)

P. Louvre N 2428 (277 BC)

only cession relating to annuity Divorce?

propter mortem?

s-ḥm.t n sʿnḫ ‘annuity woman’

Annuity wives and divorce

(17)

♀ 1 Petetum

Annuity wives and divorce

2/3

1/3

Chratianch

♀ 2

Two laws

1

a man who marries and draws up an annuity contract, then divorces and marries again and draws up another annuity contract for his second wife, when such a man dies his possessions will go to his

first wife and their common offspring 2

a man who has written an annuity contract cannot sell any of his possessions with the consent of his wife or her oldest son; if he does, the transaction will be invalid

(18)

Tabubu

(19)

Other aspects

Immediate cash sale

– although no price mentioned – three year challenging period

– previous documents also handed over

(20)

Other aspects

Enforcing obligations

– written evidence of oral transactions – papyrus, notary

– handwritten agreement of parties – witnesses

– institutional confirmation

– tax receipts or registrations

– role trustee?

(21)

Az előadás a TÁMOP-4.2.2/B-10/1-2010-0012 azonosító

számú, „Kutatóegyetemi Kiválósági Központ tudásbázisának kiszélesítése és hosszú távú szakmai fenntarthatóságának megalapozása a kiváló tudományos utánpótlás

biztosításával” című projekt az Európai Unió támogatásával, az Európai Szociális Alap társfinanszírozásával valósult meg.

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