Research On Contract Documents Of The Five Generations Of Tang Dynasty

As an ancient and ancient research object,the debt law is of great practical significance.And the contract as its text carrier,also has important research value.Based on the sales contract as an entry point to the economic prosperity in tang and five dynasties period as a historical background for discussion,starting from the existing sales contract documents in tang and five dynasties,with the law in tang and five dynasties and the comparison of relevant historical materials,analysis the overview of the buying and selling contract system in tang and five dynasties.Although tang five dynasties period is not buying and selling contract start development period,but the period of the sales contract in addition to the value of draw lessons from the experience of past dynasties,also for the period of rapid economic development and constantly improve.This article embarks from the buying and selling contract document itself in tang and five dynasties,with the social characteristics of a period in tang and five dynasties,on the basis of the extended out of the sales contract in the period of the characteristics and historical progress,in order to be able to buy and sell contract development and the development of the current contract system.This thesis is divided into four parts to study the sale and purchase contract in the five dynasties period.The first part,mainly is the tang five dynasties period of sale document overview,starting from the historical evolution of sales contract,and then from the existing literature to sort out sales contract document lists tang five dynasties period,finally through the list of the sales contract in tang and five dynasties by a letter stating the historical value of contract documents.The second part,mainly through the detailed analysis of buying and selling of the contract in tang and five dynasties,format and sign time,signed three parts is discussed,thus it is concluded that the buying and selling contract signed in tang and five dynasties behavior of a series of characteristics,and made full preparation for the third part.The third part,mainly introduces the components of the sales contract in tang and five dynasties,the author thinks that buying and selling contract in tang and five dynasties mainly by the parties,subject matter,method of payment,the liability for breach of contract and assure means five parts,and the liability for breach of contract section points out that the tang five dynasties period,the default behavior of buying and selling contract including refused to perform,delay in performance,and incomplete performance of the three forms,in the last section of this section guarantee way,through the summary,it is concluded that the tang five dynasties period guarantee sales contract of way is divided into danger,confirmed the conclusion.The fourth part,this part mainly summarizes the above parts on the analysis of the sales contract in tang and five dynasties,the tang five dynasties is obtained by the argument when buying and selling contract document is a reflection of the law and custom,and in the last section points out the sales contract for the development of the society in tang and five dynasties.