Question

Закон Хаммурапи 128. Если человек возьмёт жену и не заключит письменного договора, то эта женщина не жена. Вопрос: -Почему закон требовал от подданных официального заключения брака?

Answer 1

Ну, наверно потому что как и сейчас, раньше многие люди заключали браки лишь для взаимной выгоды. Например, для прекращения кровной вражды или развития обще-семейного бизнеса. Это вредило государству, так-как такие браки были непродолжительными, а так-же не повышали рождаемость (в таких браках дети часто не рождались).

Answer 2

The Law of Hammurabi and the Requirement for a Written Marriage Contract

The Law of Hammurabi, specifically Law 128, states that if a man takes a woman as his wife without entering into a written marriage contract, then that woman is not considered his wife. The question is why did the law require subjects to have an official marriage contract?

The Law of Hammurabi was a legal code created by King Hammurabi of Babylon around 1754 BCE. It consisted of 282 laws that covered various aspects of life, including family, property, commerce, and criminal justice. The code aimed to establish order and justice in society and provide guidelines for resolving disputes.

One possible reason for the requirement of a written marriage contract in the Law of Hammurabi is to ensure legal protection and clarity for both parties involved. By having a written contract, the rights and responsibilities of each spouse would be clearly defined and legally enforceable. This would help prevent misunderstandings, disputes, and potential abuse within the marriage.

Additionally, a written marriage contract would serve as evidence of the marriage, making it easier to prove the marital status of individuals in legal matters. It would provide a record of the marriage and could be used to establish inheritance rights, property ownership, and other legal rights and obligations associated with marriage.

Furthermore, the requirement for a written marriage contract may have been a way to regulate and control marriage practices in society. By making it mandatory for couples to enter into a formal contract, the law could ensure that marriages were conducted in accordance with societal norms and regulations. This would help prevent unauthorized or informal marriages, which could lead to confusion and potential social instability.

It is important to note that the exact reasons for the requirement of a written marriage contract in the Law of Hammurabi may not be explicitly stated in the available search results. The above explanations are based on general knowledge of legal systems and historical context.