Font Size: a A A

Song Sales Contract System Of Credit

Posted on:2012-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z X LiuFull Text:PDF
GTID:2215330338959684Subject:Legal history
Abstract/Summary:PDF Full Text Request
Trading in the commodities on credit to credit-based trade, the seller removed the goods before the buyer and the buyer's sale of deferred payment method. Sale on credit by signing a contract between the contracting process to be established, so the formation of credit and debt, in fact, comes as the debt contract, claims in the law is the legal relationship. Transfer of sale of the goods on credit and the realization of the value of goods separated in time, it is essentially a form of providing credit. Sale on credit to sellers a creditor, a debtor to make the buyer, this relationship is in the commodity trading of debt generated in the process, credit trading is a product of the development of commodity circulation.In ancient China, "Zhou Li"and"local officials ? Spring House " in Spring and Autumn period had been recorded on the buying and selling on credit. In feudal society, with the development of commodity economy, credit trading has become business practices are most prevalent in the Song Dynasty. In the Song Dynasty, credit trading, as the existence of a system gone from commodities trading habits to the development of national legal norms.Paper is divided into introduction, body and conclusion parts. Text is divided into four parts:The first part of the rise on credit sale and purchase agreement in the background of the Song Dynasty. Song on credit sale contract system development and improvement of its era of economic, political, military, and cultural background of a combined process of interaction. From an economic point of view the background, level of development of social productive forces to the ancient Song Dynasty, the Tang Dynasty of China on the basis of the feudal era to reach a new high. Regardless of population or agriculture, handicrafts, mining and metallurgical industry have developed rapidly along with the Song of urban commercial prosperity, and adapt to business development, trading of gold and silver Chao Yin, pawn has developed, notes in circulation began to board the stage; from the political background point of view, brought in the Northern Song Dynasty is committed to strengthening the centralization of power, military power, administrative power, judicial power and the concentration of financial power to buy on credit sale contract system provides a relatively smooth, relaxed environment. And Song of the business changed, "Restraining Commerce" into the policy of "no annexation", the introduction of legal protection of the interests of businessmen; from the military background, government spending in response to central finance insufficient supply of industrial and commercial development. The issue of military supplies in the frontier, the government established a Song into the French, the use of "cross-cited" commercial mechanisms to be addressed, that is to promote business first kind, such as food, fuel, daily necessities and other transportation to the border areas, compensation to pay cash or exchange of arguments. Thereby stimulating the sale of related goods on credit the rapid development of contractual relations; from cultural background, thought Wang-business financial management and civil legislation, routine business line will promote the development of the prevalence of sale and purchase agreement on credit, and justice, the concept of Confucianism Lee The concept of interest defined "justice and benefit both" promote the concept of the development on credit sale and purchase agreement.The second part, an overview of the Song Dynasty on credit sale and purchase agreement. First described in the credit and credit sale contract role on credit, that credit is established based on credit sale contract, and thus anchored on credit from the essence of the contract for the sale of analytic; followed by analysis on credit conditions arising from sale and purchase agreement: One measure of value and money as means of circulation of capital movement pattern generation, the second is the concept of profit generation, third is a necessary requirement for accelerating the circulation of commodities, the production of four is the average profit margin; Finally, the earliest account of the sale on credit as the source, the origin of the trading system on credit has combed. On credit sale and purchase agreement of the parties to the different standard will be on credit sale contract is divided into three types were described in detail: First, consumers and distributors of goods on credit sale contract between the second, distributors of goods on credit sale and purchase agreement between the the third is commodity producers and commodity contract trading on credit among distributors.The third part of the legal analysis on credit sale and purchase agreement. The first is on credit sale and purchase agreement of the civil legal relations, respectively, from the buyer and the seller, credit to buy the subject of rights and obligations of both parties examine three aspects; followed the legal sale and purchase agreement on credit analysis, from both sides agree, claims act, to perform specific procedures, delivery detail four aspects of behavior; followed the legal sale and purchase agreement on credit characteristics, be divided into four areas: first, credit sale contract is a sale contract, the second, credit is a promise into a contract of sale and purchase contract, the third , credit sale contract is a bilateral contract, the fourth, credit sale contract is embodied in claims and liabilities; then analyzes the positive effect on credit sale and purchase agreement, credit sale contract is a traditional "date of the note be paid in full when the deeds no less "and" All sales finished, "the cold number-crunching type of trading principles for the development, improve the contract system and reduce the social transaction costs. Formed from the trading system on credit commercial credit, the impact of huge civil transactions. On credit sale and purchase agreement contract to implement the commercial capital of diversity, for the efficient use of capital has provided a broad space for survival and development of hair. On credit system is a sale and purchase agreement to accelerate the speed of commodity circulation effective way to reduce the product flow of time, will flow into a "no flow of the flow of time" to expand the geographical distribution of commodities, in stabilizing the market prices, balance supply and demand contradiction has played a role can not be underestimated; the final analysis of the negative issues on credit sale and purchase agreement that the lack of transaction security, lists measures taken to address this Song: enter into a written security agreement. the introduction of the policy of Dentistry City Trade Law enacted.The fourth part of the Song System of sale and purchase agreement on credit. First analysis on credit sale and purchase agreement in the Song Dynasty Confucian ethical factors, further elaborated in the Song Dynasty Confucian ethics on the impact on credit sale and purchase agreement; followed on credit sale and purchase agreement proposed system on today's revelation, from three aspects: System Design , the look of the Song Dynasty on credit sale and purchase agreement made after the design of the system of contract (contracts) are three points to the legislative standard, that is superior or subordinates, lawful and reasonable.Improve the integrity mechanism, the principle of good faith from the ancient to the present building is the key to improve the integrity of social integrity mechanism. From the establishment and improvement of government credit mechanism, establish and perfect the mechanism for sharing and personal integrity, the establishment of mechanisms for public education and improve the integrity of the three aspects.. The right to protection, the analysis of the ancient people in the Confucian "righteousness" of the idea of their rights under the influence of the negative sense in today's society leads to the maintenance of civil rights, from the strengthening of social relief, social welfare, social insurance and other areas of the building as well as legislative , law enforcement, the strengthening of these two aspects of justice as a starting point the ways.
Keywords/Search Tags:credit, credit sale, lease, Righteousness and Profit, Broker, security
PDF Full Text Request
Related items