Legal encyclopedia. Letter H

THE HAMMURAPH'S FULLNESS

- the oldest code of laws on Earth, written in cuneiform on the basalt column. This code of laws was drawn up during the reign of the Babylonian king Hammurabi in the 18th century. BC. Z. Kh. Consists of 282 articles, 247 of which have been preserved completely, the rest have been erased.

To write the law, the ancient Eastern peoples used a stone, which was very much. "The Pillar of Laws" was exhibited in the town square, it was supposed to serve the justice that was being performed here, and at the same time to remind that no one can be discouraged by ignorance of law.

Z. Kh. Is described in a casual form, i.e. The rule of law, which grew out of the judgment in a particular case, was formulated in the same way as the court decisions are formulated (as a solution to a particular case, incident). Although the authors of the lawyer tried to group the articles according to their content, they did not make a strict distinction between the institutions of law.

An important reason for the codification activity of Hammurabi was the mitigation of the social contradictions of the Babylonian society, which were caused by the extreme forms of exploitation of people by rich landowners and landlords and

Usurers.

Z. Kh. Testifies to the economic activity of the Babylonian society. Sale of property, renting, hiring bulls to work in the field - all this is detailed in the code.

In the ancient Babylonian family dominated by a man. He led a family economy and represented the family in business relations. He also had the right to dispose of his wife and children. In case of need, the father could sell his children to those who want to buy them. A wife who disgraced her husband or wastes his property in vain could be rejected and driven out of the house. But the husband could leave her at home and marry again. A wife who could not have children could give her husband a concubine, but at the same time remain the mistress of the house. But in any case, the husband had the right to divorce. For the wife there were the following grounds for divorce: adultery of a husband; Leaving them at home and

Places of residence; Unjustified accusation of adultery.

But at the same time in ZH. the following rights of the wife are fixed: she has the right to dispose of the property acquired by her in marriage (for example, received by inheritance, donated, etc.); to make deals; To acquire land, slaves. Her husband, in turn, was forbidden to dispose of his wife's property without her permission.

An immense role was played by the institution of inheritance, in which two types were distinguished: inheritance by law and by will. The first was property under the law. Inheritance under the will appeared much later, at a higher stage of development of private property.

At the core of the criminal-legal representations of Z. Kh. Authors was the principle of talion: punishment should be equal to the perfect crime. The application of this principle precluded the establishment of intent,

Carelessness, accident.

Z. Kh. Strikes with his class content.

For example, helping a fleeing slave or attempting property is punishable by death. The death penalty is mentioned in Z. Kh. In

30 cases (burning, drowning, etc.).

The highest court was the Tsar. The trial was held publicly, on the porch of the church. The case was initiated on the initiative of the victim. Evidence was usually used as evidence.

The judge could not change the decision already made, in this case he paid a fine and was overthrown from the referee's seat. In the future, he was forever forbidden to serve as a judge.