Litigation Study Of The Real Estate Of The Qingming Collection

The Song Dynasty is a special dynasty in the history of China,and the highly developed commodity economy is its remarkable feature.Under the influence of the land policy of "no annexation",the transaction of real estate,such as land,land,and so on,is very frequent.Under the background of free circulation of real estate,the emergence and increase of disputes is unavoidable.The disputes in real estate in Southern Song Dynasty show the trend of dispute diversification,complexity and differentiation,and even become the main content of civil litigation."Gong Shu Pan Qing Ming Ji" recorded a large concentration of the Southern Song Dynasty about real estate case,is the real estate research the precious historical dispute.The "Qingming set" of the real estate in such case was classified,from the real estate contract,real property,real property right and the three aspects of the Southern Song Dynasty is not the types involved in the dispute and related legal system analysis.First of all,the study of the contract class precedents.The case divided to this type of contract is due to the universality and importance of real estate transactions will be bound.The signing of the real estate contract should respect the wishes of the parties of the transaction,which has become a basic principle of the contract legal system of the Southern Song Dynasty.Main body of the contract,contract and contract amount is mainly caused by the reason of such a dispute.Secondly,the case which infringes the real property of real estate.China's traditional real property ownership can be divided into the foundation,right,the right of rental,pawn,and right,which violated the ownership,pawning right in the case of "Qingming" appeared in very high frequency.Mainly in the ownership of real estate ownership and disposition,the common way of infringement of ownership of immovable property,embezzlement,stealing and selling overlapping sale.To the original owners of the pawning right of foreclosure as the core,to study the Southern Song Dynasty to analyze the pawning right system for violations of the foreclosure of the case.Finally,relatives and neighbors is one right inherent in our civil law,with a strong color of Chinese legal system.No matter is the subject,and the scope,conditions,restrictions,are affected by the Chinese traditional patriarchal clan system in the real estate transaction field law.Based on the case of infringement of right of kindred,discuss the applicable conditions and limitations of subject and power,static analysis of the right of kindred;application of maintaining rights in the judicial practice,from the transaction and post transaction perspective,dynamic analysis.