An Approach To The Contract Of Sale In Tang And Song Dynasty

The development of ancient China's history is continual .The development of contract in the economic society is also consummating and developing. This thesis mainly makes an approach to the more universal contract of sale note on and takes the economic development's peak time—Tang ,Song these two dynasties as the background. The contract note did not start developing in the Tang and Song period, but the development of the economy of this time is a promoting factor. Therefore the contract note obtained a comprehensive development .The contract note of this time not only inherited the former achievement but developed with the condition of economy and society, and shown great reference to the latter dynasties. On the discussion of the contract note this thesis differentiates the movable property business and real estate business, and also differentiates the establishment and generating condition. Even though in the ancient society China insisted on the policy emphasizing agriculture at the expense of commerce and the absolute rule of the state power extended to any domain including the contract aspect, but the first condition of the establishment and effectiveness of the of the contract note is "met one's satisfaction". So the principle of contract freedom is not only cardinal in nowadays society but also in ancient time society. Of course the contract relationship is also affected and limited by many other factors, and could not really develop freely. Through the historical data this thesis makes an analysis of the content of the contract note of the Tang and Song Dynasties, and draw out the characteristics of it. In the combination of the analysis of the historical data and the features of the period, on the vertical comparison to draw out the characteristics as well as historical progress and the limitation, in expectation to be of use to later study of the development of contract note and the consummation of today's contract system. This paper is divided into three parts, the introduction, the main text and conclusion. The main text is composed of the following four parts:The first part makes a simple introduction of the elementary knowledge of the contract note. First introduces simply the origin of the contract, then draws out the history of the contract note of Tang and Song Dynasties. Before the Tang and Song Dynasties the contract note mainly elaborated the Western Zhou Dynasty and the Qin and Han Dynasties' development.The second part mainly introduces the contract note of the Tang and Song Dynasties. This part has differentiated emphatically the property of business sign, from the real estate business and movable aspects set forth the development of the contract note of Tang and Song Dynasties. The real estate business in Tang and Song Dynasties mainly focused on field and houses; while the movable estate is quite widespread and divided into prompt business, buy on credit business and reservation business. and then makes the main introduction to the contract's characteristics of the Tang and Song Dynasties.The third part cuts into the establishment and effectiveness of the contract note of the Tang and Song Dynasties. Through the using of today's contract, the fulfillment of the Tang and Song's contract note can be summarized to need to have meets one's satisfaction. But becomes effective the important document actually had to be possible to differentiate many aspects like business behaviors legitimate, to ask the relatives and neighbors, the transfer of ownership payment of taxes and so on; At the same time, and has also made the explanation and the elaboration to some special condition like written form and the guarantee existence.The fourth part mainly introduces the making and formation of the contract note of the Tang and Song Dynasties, this part also has carried on the elaboration separately to the real estate and the movable property business document's constitution. No matter is real estate document or movable document there is some common parts, like some condition clause existence, warrantee clause and violation liability clause and so on.The fifth part mainly based on the summary of the analysis above, then explores the benefit to the later dynasties.The same as other contract note in the ancient times, the contract of sale was the one kind of economic form that under the feudalism suppression the growth and development would not be smooth. But, its existence also had the historical request inevitably.Commodity increase, the pure barter transaction had been impossible to satisfy social the request, simultaneously the currency appearance had also accelerated the commodity business's speed; therefore the appearance of the contract note was the commodity economy development's necessity. At the same time the feudal society's absolute rule thought did not allow the contract note to be able to achieve the free boundary, therefore, the contract note had not obtained the complete development in ancient China. Its development had received many extraneous disturbance and suppression, but it complied with the historical requirements and kept developing. The development of economy in Tang and Song Dynasties made the high peak of the feudal society. As the reflection of the commodity business, the contract note was inevitably well developed. This is the main point of this thesis.