The Research Of Loan Contract Of Tang Dynasty

The thesis mainly makes all approach to the more universal contract of loan and takes the peak of the economic development such Tang as the background. The loan contract did not start developing in the Tang period, but the development of the economy of this time is a promoting factor. The loan contract of this time is 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 loan contract this thesis differentiates the interest lending and Interest-free borrowing. Tang law take different protection principle for different kinds of loan debt. Tang dynasty made relatively mature fellowship technology that provides the security for the normal operation of the loan relationship then and also provides demonstration program for later lending agreement. Through the historical data this thesis makes an analysis of the more detailed safeguard measures of creditor's rights of the Tang Dynasty. These measures have great significance for today. The relatively developed lending agreement system in the tang dynasty is the ancient outstanding traditional culture and it inspires us that we should pay attention to China's outstanding culture in the process of construction of the rule of law. Although the highly developed lending agreement system in the tang dynasty is the inevitable result of the commodity economy development, but also has the certain historical limitations. Therefore, in socialist legal construction today we should learn from its lesson and perfect the modern civil law system in order to ensure creditor socialist legal construction smoothly.The thesis is divided into six parts including introduction and other five parts.The Part One:The preface mainly summarizes the recent research that will show you a clear background and present of this topic. The Part Two:Historical Origin of Lending Contract System in Tang Dynasty. Observing the history of ancient Chinese loan agreement, we can understand its emergence, development and the feature of the loan in Tang dynasty than previous dynasties. The Part Three:The Reason for Relatively Developed Loan Agreement in Tang Dynasty. The part mainly discusses the necessity of loan from life, economic and political aspects.The Part Four:Types of the Tang-dynasty Loan Contract. Tang law takes different protection principle to different kinds of loan debt. Tang dynasty made relatively mature fellowship technology that provides the security for the normal operation of the loan relationship then and also provides demonstration program for later lending agreement. The relatively mature fellowship technology in Tang dynasty is the cultural origin of the loan contract in China nowadays. The Part Five:The Safeguard Measures of Loan Contract In Tang Dynasty. Security measures forcefully secure the creditors' interests and promote the smooth realization of the creditor's rights. They worth our considering for the debt's security today. The Part Six:Reflect on lending contract system of the tang dynasty. We learn its experience, lessons from the progress of loan contract system and the reason for the decline in order to consummate our country current civil law system in China's current legal construction process.