Mesopotamia Boasted Many Types of Contracts. Many of us grow up learning at least a little bit about Mesopotamia in religious or historical contexts. The region existed in the eastern Mediterranean near the Tigris and Euphrates rivers, and is sometimes called “the cradle of civilization.” Human settlements have been traced back as far as 10,000 BCE. And guess what – they had numerous forms of contracts, including Sales and Purchase Agreements, Employment/Labor Contracts, Partnership Agreements, Marriage and Divorce Agreements, and Powers of Attorney.
Fun fact: one of the main reasons writing was created was for contracts. So, in a way, you can thank Mesopotamians for your favorite books and magazines.
Contract History Scholars Are Aware of a 4,300-Year-Old Written Purchase/Sale Agreement. In a written contract from approximately 2300 B.C., Sin-Ishtar purchased a slave named Ea-Tappi from Akhia and Ilu-ellatti for ten silver shekels. While the subject of this contract is highly offensive by modern standards, the contract demonstrates a relatively advanced legal development for the era.
Mesopotamians Had to Worry about Mortgage Payments! In a written contract from approximately 611 B.C., Iqisha-Marduk loaned money to Nabu-etir with an interest rate of 11.33 percent. In return, Nabu-etir pledged property (a field) located close to the gate of Bel. Luckily, today’s borrowers can obtain much more favorable interest rates, although they are going up! On the other hand, Nabu-etir probably didn’t have to worry about a credit score and three credit- reporting agencies!
You Can Read Copies of a Peace Treaty (if you know the language) from 1269 B.C. Speaking of the question, “What is a contract?”, it's easy to forget those that exist not between individuals, but rather between whole societies. In approximately 1274 B.C., the Hittites and Egyptians waged a massive battle for Kadesh, a city strategically located on important trade routes. Egypt sent 20,000 men and the Hittites devoted 37,000 men to the battle. Both sides claimed victory, but in truth, both sides had reason to seek peace – which is exactly what they did. In 1269 B.C., the oldest surviving peace treaty, the Kadesh Treaty, was signed. The treaty, now on display in the United Nations, calls for “everlasting peace”. Wouldn’t it be nice if modern leaders could aim so high.
The History of Contract Law Even Addresses Infertility
Archaeologists in Turkey have located a 4,000-year-old tablet, believed to be a marriage contract. Laqipum, the male, married Hatala, the female. Interestingly, if Hatala does not produce a child, she agrees to purchase a slave woman to bear a child for her husband. Once offspring is produced, Laqipum may dispose of the slave by selling her. Talk about a cool prenup!