The Comparative Research Of Contract System And Notion Of Ancient Oriental And Western

I. The initiation and development of loan contract in ancient China. Based on the developments of loan contract and the understanding of present author, the loan contract in ancient China could be generally formed three phases:(I)Prototype of loan contract-- Western Zhou, Spring and Autumn and the Warring States. (II)Blooms of loan contract-- Wei, Jin, Tang and Five States. (III)Unification of loan contract-- Ming, Qing, the early stage of republic.II. The comparison of loan contract system in oriental and western. (I) The comparison of "debt" concept in ancient China and ancient Rome. Debt originates from loan, wherever oriental or western. In ancient Roman "creditor" first means " the one who lends money to the others ", is the loaner of loan for consumption, and then " point those to accept the others to implement the compulsory person according to various reason", is its extending meaning. But in ancient China, the concept of debt has no width meaning like it in Roman law. At that time, the concept of " debt " is still confined in loan; and, also exist a certain and confused circumstance on the usage. (II) The comparison of loan contract catalogs in oriental and western. The classifications of loan contracts in Roman law are accurate. Roman law jurists are good at with the method of giving a definition, which divided loan contracts into loan for consumption and loan for usage. This kind of restriction of loan goods, in ancient China has not yet seemingly appeared. In Chinese contract, it is to allow this kind of improvises. Ancient Chinese, have no accurate classifications for loan contracts, but for loan contract of the description of the fact level, the elucidation and description between Yuan and Qing dynasties, are clear and accurate. The Chinese traditional legal theory is to be engaged in the solid level to speak loan, comparing to the distinction of the lending up with method of Rome, a precious sight is more dissimilitude. But the method of Roman low is not only engaged in the solid level to speak loan, but also speak loan from the right level. (III) The comparison of central elements of loan contract formation in ancient oriental...