The Definition And Concept Of The Contract In Ancient China

In this thesis, I select Contract which radiates the development of civilization as the focus and pay attention to the definition and concept of contract. The whole thesis adopts the research method of dynastic history and centers on Tang and Song Dynasty.The first part is a brief survey of the history of contract before Tang dynasty. In this part, I analyze two important aspects of a contract: the requirements of form and the requirements of essence. Furthermore, I analyze the article of"there is a private contract which binds both parties of the contract". Based on the analysis, we can find out that the requirements of form are not as strict as before and the requirements of essence are the consensus of the parties.The second part is dedicated to provide a normative analysis of the contract on the level of Law. Based on the law of Tang and Song dynasty, I analyze the use of the terms"Qi","Yue","Siyue","Siqi","Siquan","Qiyue"and classify them into three categories: civil transaction; matrimony; political and military affairs. We focus on the contract of civil transaction which consists of three aspects: firstly, it includes two major relations——sale and loan. I analyze the specific provisions about the two relations and make some contrasts in order to find out the inherent reason of different institutions. Secondly, I make a comprehensive research and focus on the major articles of a contract, which includes eligible parties, the equal status and consensus under the control of law; obligations of the guarantor; the subjects who should take on the duty of contract and the mechanism of the duty realization. Thirdly, based on the law, I give a definition of contract on the level of the law. A contract is an agreement, which takes the parties'consensus and conforming to the state's compulsory provisions as the requirement of essence and the effective requirement respectively. Furthermore, it is under the protection of the state in order to realize the interest of the parties. Through the analysis above, we can feel how...