DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0105
1,142. debts; documents.
unless its validity can be established by the exist-
ence of a pledge.
*139. Pledges are declared to be of two kinds,
movable and immovable pledges ; both are valid
when there is (actual) enjoyment, and not otherwise.
* 140. If a document has been produced in clue
time, if (the demand recorded in it) has been (repeat-
edly) urged, and (publicly) proclaimed, it remains valid
for ever, even after the death of the witnesses.
141. A document which is unknown and has
never been heard of before does not obtain validity
when it is brought forward, even though the wit-
nesses be living.
*142. When a document has been transferred
139. A pledge which is only mentioned in a document, without
being actually enjoyed, has no legal validity. A.
140. A document or bond which the descendants of the creditor
have repeatedly shown to the descendants of the debtor whenever
interest was due (prarthitaiw), or which they have again and again
read out, retains its validity for the respective descendants of the
creditor and debtor, even after the death of the witnesses and all
other persons concerned. A. I have translated the term prarthitaw
as an independant clause.
141. A document or bond, the contents of which are unknown to
the descendants of the debtor, about which they have never heard
from their ancestors, and which has been suddenly presented to
them only in a business transaction, is not considered valid, even
though the witnesses be living. A.
142. This rule is equally applicable to a plaintiff and to a
defendant in a lawsuit. 1. If a creditor suing a debtor is unable
to produce the bond on demand, the judge shall give him time to
search for it. If the bond has been destroyed by fire or by some
other accident, the fact of its former existence may be established
by the testimony of honest persons, who have acted as scribe or as
subscribing witnesses, or who happened to be present while the
bond was being executed. The statements of such persons are
equally decisive where the marks or part of the writing in a docu-
ment has been obliterated. 2. A debtor having been asked in
unless its validity can be established by the exist-
ence of a pledge.
*139. Pledges are declared to be of two kinds,
movable and immovable pledges ; both are valid
when there is (actual) enjoyment, and not otherwise.
* 140. If a document has been produced in clue
time, if (the demand recorded in it) has been (repeat-
edly) urged, and (publicly) proclaimed, it remains valid
for ever, even after the death of the witnesses.
141. A document which is unknown and has
never been heard of before does not obtain validity
when it is brought forward, even though the wit-
nesses be living.
*142. When a document has been transferred
139. A pledge which is only mentioned in a document, without
being actually enjoyed, has no legal validity. A.
140. A document or bond which the descendants of the creditor
have repeatedly shown to the descendants of the debtor whenever
interest was due (prarthitaiw), or which they have again and again
read out, retains its validity for the respective descendants of the
creditor and debtor, even after the death of the witnesses and all
other persons concerned. A. I have translated the term prarthitaw
as an independant clause.
141. A document or bond, the contents of which are unknown to
the descendants of the debtor, about which they have never heard
from their ancestors, and which has been suddenly presented to
them only in a business transaction, is not considered valid, even
though the witnesses be living. A.
142. This rule is equally applicable to a plaintiff and to a
defendant in a lawsuit. 1. If a creditor suing a debtor is unable
to produce the bond on demand, the judge shall give him time to
search for it. If the bond has been destroyed by fire or by some
other accident, the fact of its former existence may be established
by the testimony of honest persons, who have acted as scribe or as
subscribing witnesses, or who happened to be present while the
bond was being executed. The statements of such persons are
equally decisive where the marks or part of the writing in a docu-
ment has been obliterated. 2. A debtor having been asked in