从民间契约看古巴比伦时期的借贷利率——兼论《汉穆腊比法典》中借贷利率的非现实性

古巴比伦是一个商业较发达的社会,存在着较多的动产借贷行为。大量民间借贷契约显示,古巴比伦时期存在着多种多样、复杂多变的借贷利率。这些借贷利率大多与《汉穆腊比法典》中规定的借贷利率不一致,法典中所规定的借贷利率并不能反映当时借贷活动的实际。古巴比伦时期不存在一个统一的借贷利率,而是多种借贷利率共同使用。在研究古巴比伦时期借贷活动时,不能盲从《汉穆腊比法典》的条文规定,而要结合更多的民间借贷契约进行综合研究,这样才能够更加准确地、更加深入地还原历史、认识历史。

Discussing the Loan Rates in Old Babylon Period According to the Private Contracts---Also Talking about the Fabulosity of the Loan Rates in the Cold of Hammurabi

Old Babylon dynasty developed a flouring business economy, and existed a plenty of loan activities. A large number of private loan contracts showed that there was a great and complex loan rates. Most of loan rates were not consistent with the provisions in the Code of Hammurabi. The loan rates in the Code of Hammurabi didn’t reflect the actual loan activi-ties. There wasn’t a standard loan rate but a plenty of loan rates used in Old Babylonian period. So, we research on the loan rates not only according to the Code of Hammurabi but also using the numerous private loan contracts, and then we could get a more accurate understanding of the historical facts.