Song Dynasty Sale Contract And Its Legal Regulation

The Song Dynasty adopted the land policy of un-restrained annexation and private ownership, which people could freely trade into their land, this is, and land was also a kind of commodity. The land sale more prevailed and land on the speed move and the development of private ownership soon commodity economy highly developed and the transfer of property accelerated and property relations complicated. The commodity economy promotes greatly the contract relationship which brought the complication of civil and property relationships between the private, the official and the common and set the creditor debtor relationship between rights and obligations by contract. The scope of contractual ships in the product and life were expanding so that contact was widely applied and the sale contract relationship remarkable developed. In order to meet the demand of the commodity in the Song Dynasty, the government made a series of law regulations to protect the private property and to regulate the trade activities, which made the contract system more perfect. Then these measures effectively promoted the normal social and economic activities and promoted the feudal economic prosperity. Therefore the study on the sale contract law system, especially on the real estate sale contract has very strong academic value. The Chinese ancient contract legal system played an important role in the long feudal natural economy, which is from the local fields. The study pays attention to absorb lessons of the nation’s outstanding traditional culture. To consummates our country modern civil law system has not only the theory meaning but practical meaning. The paper collects the types of the Song Dynasty contract and summarizes the trade legal system and analyzes the background and the significance of Yuan Ming and Qing Dynasty. The paper will has its positive meaning to our civil law system and the construction of socialist rule of law.This dissertation serves as a preliminary study of Song sale contract from five aspects.Part1:going though and expounding the ancient Chinese sale contract, in items of the concept and the revolution and the principle. Part2:Comprehensively and systematically categorizing the types of sale contracts and program.Part3:Probing into the establishment, implementation, forms, termination and guarantee system of sale contract.Part4:Discussing the causes for the advancement of the Song sale contractual system, through the analysis of the changes of the land policy, commodity economy, commodity policy, social culture and civil law. Then the paper will discuss the historical evaluation of the Song sale contractual system.