The Concept of a "Fair" Contract in the Law of the Ancient World

The article shows the implementation of the principle of equity in a civil contract in thesources of law of the Ancient East, in particular, in the sources of law of AncientBabylon and Ancient India, as well as antiquity. Using the example of the Code ofHammurabi, the Laws of Manu (Dharma & sacute;& amacr;stra Manu), the Arthashastra by Kautilya, theInstitutes of Gaius and the Digest of Justinian, the author of the article considered anattempt to assert the category of "fair contract" through the prism of "proportionality"and "equal scale", establishing a certain "balance of freedom" and a balance of interestsof the parties, as well as protecting the "weak" side in civil-legal agreement. Themethods of suppression by ancient legislators and jurists of abuses by any party incontract, both at its conclusion and in its content, as well as during execution of contract,are analyzed. The limitation of amount of usurious interest and the fight against abuse ofcreditors in regulation of loan agreement; the suppression of various abuses by sellersand buyers in purchase and sale agreement; employers and those employed in personalemployment contracts; custodians in the custody agreement in the sources of law ofAncient Mesopotamia, Ancient India and Ancient Rome are considered. The articleanalyzes the implementation of the "& acy;equitas" concept in Roman law of the classical andpostclassical periods. Special attention is paid in the article to the consideration of theinfluence of religion, ideology, legal culture, and value attitudes of a particular ancientsociety on solving the problem of establishing a "fair" civil law contract