Turpan Unearthed From 5-8 Th-century Tenancy Documents The Liability For Breach Of Contract And Relevant Clauses In The Paper

Turpan instruments have a large instrument belongs to the contract nature, a tenancy class, business class, and borrowing class, according to documents in the default tenancy terms and related liability clauses as the object of study, this article mainly studies the ancient unearthed in Turpan area from five to eighth Century, in breach of the terms of tenancy instruments and related liability clause. Contract documentation is our long-term use of a document format, when the social life of the various real right and creditor’s right behavior, in order to prevent disputes, needs to use the document form must come down, they formed the writ of contract. Contract parties intend to express, after fulfilling the contract, to achieve their purpose, this is the meaning of a contract. If one party violates the contract, the contract goal cannot be reached, it will cause dispute, the aggrieved party may request in accordance with the contract, compensation for the loss of responsibility. This means that the contract signed in at the same time is also often accompanied by a responsibility, not the responsibility of the contract is a mere scrap of paper. If we from contract liability perspective on the unearthed contract makes some of analysis, not only can understand at the time of the civil law, related terms. And in the Turpan area, in terms of law, customary for analysis, find out the Turpan area in the laws, customs change, at the same time, summed up the border areas inland historical association.The article is divided into five partsThe first part of introduction, mainly introduces topics on the origins, research significance and research status, research method. Introduced at home and abroad for the tenancy contract and liability for breach of contract research status, as well as some problems existing in the research; at the same time introduces the materials used.The second part is on the Turpan rent instruments default problem investigation and study, this paper respectively introduces the basic situation of tenancy documents unearthed, including default content document preservation, default content introduction. Through the survey found the default has two aspects, the lessor default:do not rent or sublet; default:do not rent, tenants to rent, one thing without delay, to pay the rent.The third part is unearthed in Turpan rent instruments default content research, investigate the results of comprehensive analysis, focuses on the analysis of research related to the liability for breach of contract, breach of contract and the lessor respectively on tenant default situation conducts the analysis research.The fourth part is unearthed in Turpan rent instruments in the related responsibility clause, respectively," canal broke Shui Zhe " big proportion"," thief, breaking wind." rent transmission bai service" clause analysis.The fifth part summarizes the article, taking the tenancy instruments unearthed in Turpan area as the research object, through the investigation and study, based on the excavated tenancy instruments of the lessor and the tenant rights and obligations of the study to explore the Turpan area social economy life.This paper intends to solve the key problems mainly in the following three aspects: Based on the investigation to Turpan unearthed tenancy instruments in default on basic content; these contents reflect the local related rural people about. Display of the Turpan region of the social economic life and its links with the mainland.