Discuss Of Tang Dynasty’s Pledge

Debit-credit, which have a big risk,like the debtor may not want to pay back,or do not have the money to pay back.creditors in order to ensure creditor’s rights can be realized who would ask debtor to provide collateral mortgage.In the Tang Dynasty, this collateral mortgage is also known as pledge, mortgage,discount-rent, the Chinese generally called it pledge, it means that the debtor in order a debt guarantees with certain property, When the debtor not to perform the debt by the agreement, the people can realize creditor’s rights with the pledged property.In order to further understanding the pledge of the Tang Dynasty, we can divide it into five types according to certain standards.These five types are the chattel pledge;the real estate pledge,people pledge; possessory-pledge and non-possessory pledge;general pledge and particular pledge; the private pledge and organisation pledge; particular pledge and general pledge. In the law books in the tang dynasty established the borrowing quality for taking in accordance with the principle of private deed.At the same time also on how to regulate the behavior of mass made a try.To ensure the effect of pledge, Tang Dynasty made some exception stipulations for the guarantee subjectsuch as descendantand-children can not to carry out a pledge without the ageetment from parents;government officials should not make benefit from pledging.Atthesametime,the government entitlement the rights and obligations to the subjects of the pledge.The government restrict the objects to the property which you have the right of disposition.such as good people and prohibited materials can not to be the objects,According to the change of social situation,for realestate,has taken a non-interference to the limit.In procedure, bilateral acceptability party is necessary to a pledge.If you wang to use penates,such as servant and homestead,to pledge,which must have admit from the government,or you would punished by law.In the process of realization of pledge,the law not only rule the conditions to realize the pledge,but also provide the way to realize pledge.