DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.41333#0043
Dorota Czerwik
Warsaw
Some Aspects of the Civil Law in the Light of the Old Kingdom
Tomb Inscriptions
All societies must be regulated by certain princi-
ples which obligate every person and every part of
the society to behave in a specified way. The activi-
ties of a person as an individual or as a member of
a community are influenced by the principles oblig-
ing that person to make a decision to act or not to
act in a certain way. One is able to separate these
principles as follows: moral, ethical, cultural, reli-
gious, professional, economic.1 The spontaneous
and permanent observance of these principles cre-
ates customs which may become Customary laws
when accepted by a society as necessary (opinio
necessitatis) and used invariably for a long time.2
The evolution of such law is gradual and runs paral-
lel to the development of a society. Usually govern-
ment sanction is conferred on the principles already
existing in a society. Establishing legal rules by
a monarch appeared only during later periods. They
were coexisting with the Customary law for a long
time.3
There are three branches of the law: Civil, Ad-
ministrative, and Criminal. Civil law, which is the topic
of the present paper, regulates personal relations and
property transactions.4 The characteristic feature of
this law is the autonomy of subjects and absence of
the immediate control of government.5
1 W. ROZWADOWSKI, Prawo rzymskie, Poznan 1992
(hereinafter referred to as: Prawo rzymskie), p. 15.
2 Ibidem, p. 34, A. STELMACHOWSKI, Zarys teorii prawa
cywilnego, Warszawa 1998 (hereinafter referred to as:
Zarys), p. 311.
! Ibidem, p. 16.
4 ROZWADOWSKI, Prawo rzymskie, p. 57.
5 STELMACHOWSKI, Zarys, p. 26.
6 A.I. HARRARI, Contribution a Vetude de la procedure
judiciaire dans I’Ancien Empire egyptien, Le Caire 1950
(hereinafter referred to as: Contribution), pp. 41, 44-45;
A. THEODORIDES, A propos de la loi dans l'Egypte
pharaonique, in: Vivre de Madt, Louven 1995, subsidia I,
pp. 45-47,54-56.
7 THEODORIDES, Le probleme du droit egyptien ancien,
in: Le droit egyptien ancien. Colloque organise par
Usually, each society at some stage of its political
and economic development tends to unify its legal
system and create a written base. The legal system in
the Old Kingdom of Egypt had no codes defining the
Civil law’s mles and orders.6 Although there was no
statute law the Egyptians regulated their civil matters
by the principles of the Customary law.7 Civil matters
concerned purchases - disposal deed, hire or inher-
itance.
This raises a vital question. Did Civil law con-
tracts take written or verbal form?8
To answer this question in the light of the ancient
egyptian law in the Old Kingdom one should take
note of the characteristic environment in which the
law was created. Ancient Egyptian civilisation dif-
fered from other early civilisations. According to
DIODOR SICULUS, the Egyptian tradition says that
the first ruler and legislator of Egypt - Menes - re-
ceived the law in his hands from the God Thot.9 In
this case the mles have a divine origin and there was
no need to create their written base. Each pharaon
was the depositary in the matter of truth and justice
by virtue of his divine heritage.10 Central to the Egyp-
tians’ views of kingship was the concept of Maat-
referred to as the ideal state of the universe and soci-
ety-“der Wille des Konigs”.11 The king introduced
I’lnstitut des Hautes Etudes de Belqique les 18 et 19
mars 1974, Bruxelles 1974, p. 14.
8 Even in ancient Rome - a society with a Statute law - the
verbal form of contracts in the Civil Law was of the same
value as the written one. One can analyse the emptio-
venditio contracts, stipulatio or last wills as verbal con-
tracts. ROZWADOWSKI, Prawo rzymskie, pp. 141-142,
148-175,212-215.
9 B. MENU, Recherches sur I’histoire juridique, econo-
mique et sociale de I'ancienne Egypte, Le Caire 1998
(hereinafter referred to as: Recherches), p. 272.
10 D. O’CONNOR, D.R SILVERMAN, Ancient Egyptian
Kingship, Leiden, New York, Koln 1995. pp. XIX-XXV;
HARRARI, Contribution, p. 34.
11 J. ASSMANN, Ma ’at. Gerechtigkeit und Unsterblichkeit
imAlten Agypten, Miinchen 2001, pp. 53-55.
37
Warsaw
Some Aspects of the Civil Law in the Light of the Old Kingdom
Tomb Inscriptions
All societies must be regulated by certain princi-
ples which obligate every person and every part of
the society to behave in a specified way. The activi-
ties of a person as an individual or as a member of
a community are influenced by the principles oblig-
ing that person to make a decision to act or not to
act in a certain way. One is able to separate these
principles as follows: moral, ethical, cultural, reli-
gious, professional, economic.1 The spontaneous
and permanent observance of these principles cre-
ates customs which may become Customary laws
when accepted by a society as necessary (opinio
necessitatis) and used invariably for a long time.2
The evolution of such law is gradual and runs paral-
lel to the development of a society. Usually govern-
ment sanction is conferred on the principles already
existing in a society. Establishing legal rules by
a monarch appeared only during later periods. They
were coexisting with the Customary law for a long
time.3
There are three branches of the law: Civil, Ad-
ministrative, and Criminal. Civil law, which is the topic
of the present paper, regulates personal relations and
property transactions.4 The characteristic feature of
this law is the autonomy of subjects and absence of
the immediate control of government.5
1 W. ROZWADOWSKI, Prawo rzymskie, Poznan 1992
(hereinafter referred to as: Prawo rzymskie), p. 15.
2 Ibidem, p. 34, A. STELMACHOWSKI, Zarys teorii prawa
cywilnego, Warszawa 1998 (hereinafter referred to as:
Zarys), p. 311.
! Ibidem, p. 16.
4 ROZWADOWSKI, Prawo rzymskie, p. 57.
5 STELMACHOWSKI, Zarys, p. 26.
6 A.I. HARRARI, Contribution a Vetude de la procedure
judiciaire dans I’Ancien Empire egyptien, Le Caire 1950
(hereinafter referred to as: Contribution), pp. 41, 44-45;
A. THEODORIDES, A propos de la loi dans l'Egypte
pharaonique, in: Vivre de Madt, Louven 1995, subsidia I,
pp. 45-47,54-56.
7 THEODORIDES, Le probleme du droit egyptien ancien,
in: Le droit egyptien ancien. Colloque organise par
Usually, each society at some stage of its political
and economic development tends to unify its legal
system and create a written base. The legal system in
the Old Kingdom of Egypt had no codes defining the
Civil law’s mles and orders.6 Although there was no
statute law the Egyptians regulated their civil matters
by the principles of the Customary law.7 Civil matters
concerned purchases - disposal deed, hire or inher-
itance.
This raises a vital question. Did Civil law con-
tracts take written or verbal form?8
To answer this question in the light of the ancient
egyptian law in the Old Kingdom one should take
note of the characteristic environment in which the
law was created. Ancient Egyptian civilisation dif-
fered from other early civilisations. According to
DIODOR SICULUS, the Egyptian tradition says that
the first ruler and legislator of Egypt - Menes - re-
ceived the law in his hands from the God Thot.9 In
this case the mles have a divine origin and there was
no need to create their written base. Each pharaon
was the depositary in the matter of truth and justice
by virtue of his divine heritage.10 Central to the Egyp-
tians’ views of kingship was the concept of Maat-
referred to as the ideal state of the universe and soci-
ety-“der Wille des Konigs”.11 The king introduced
I’lnstitut des Hautes Etudes de Belqique les 18 et 19
mars 1974, Bruxelles 1974, p. 14.
8 Even in ancient Rome - a society with a Statute law - the
verbal form of contracts in the Civil Law was of the same
value as the written one. One can analyse the emptio-
venditio contracts, stipulatio or last wills as verbal con-
tracts. ROZWADOWSKI, Prawo rzymskie, pp. 141-142,
148-175,212-215.
9 B. MENU, Recherches sur I’histoire juridique, econo-
mique et sociale de I'ancienne Egypte, Le Caire 1998
(hereinafter referred to as: Recherches), p. 272.
10 D. O’CONNOR, D.R SILVERMAN, Ancient Egyptian
Kingship, Leiden, New York, Koln 1995. pp. XIX-XXV;
HARRARI, Contribution, p. 34.
11 J. ASSMANN, Ma ’at. Gerechtigkeit und Unsterblichkeit
imAlten Agypten, Miinchen 2001, pp. 53-55.
37