An Analysis Of The Characteristics Of The Loan Contract Documents From Zhongjiagou In Qing Dynasty To The Republic Of China

This paper takes the private loan contract of ZhongJiagou,Daozhen County,Guizhou Province as the research object,and takes the "Compilation of Daozhen Contract Documents" as the core document,supplemented by the historical data of traditional documents,and compares it with the law from time to time to find the Characteristics of regional private lending,and start from the following chapters: The first chapter is mainly to classify the loan contracts in the Daozhen Contract Document Collection into money loans,physical loans and cooperative loans,and discuss their proportions from the Qing Dynasty to the Republic of China one by one the reason.The second chapter mainly discusses the characteristics of various elements of ZhongJiagou loan contract.Discuss the participants of ZhongJiagou loan contract from the qualifications,rights and obligations of the parties and the middleman and the independence of the civil contract respectively.Discuss the characteristics and reasons of deadlines in two cases from the agreed and actual deadlines.Discuss interest issues in terms of the existence,type,and settlement methods of interest.The third chapter analyzes the guarantee methods of the ZhongJiagou loan contract from the Qing Dynasty to the Republic of China from three aspects: overdue profits,guarantee clauses and mortgage clauses.The fourth chapter analyzes the main methods of dispute resolution from the aspects of reconciliation and mediation.Finally,it is concluded that:(1)The folk lending contract of ZhongJiagou in theQing Dynasty can be divided into currency lending,physical lending and cooperative lending.From the Qing Dynasty to the Republic of China,in ZhongJiagou,there was a phenomenon of excessive borrowing from physical objects to excessive borrowing of money.The local cooperatives have the characteristics of short meeting period,small amount,and meeting purpose for mutual assistance to solve the family life.(2)The content of the elements is agreed relatively freely,the subject ' s identity restrictions are reduced compared to the previous generation,the loan period is mostly not specifically agreed,and the fixed period is mostly one year or less than one year.Settlement is also relatively free,but it is lower than other areas in Guizhou,and the material profit is slightly higher than the money and the monthly calculation is more than the annual calculation.The written form of the guarantee is also more diverse,either a separate contract or a clause attached to the main contract,or the guarantor can only sign the contract as the guarantor.There are a small amount of mortgages with meeting / corner;the scope of the guarantor is wider than that of the previous generation,and the corresponding rights and obligations are differentiated;the mortgage is in the ZhongJiagou area,which is mostly real estate,and there are not a few people who have existing guarantees and guarantees.(3)From the Qing dynasty to the Republic of China,there were various guarantee methods for loan contracts in ZhongJiagou,such as guarantee clauses and mortgage clauses,and a relatively specific division of guarantee responsibilities had emerged.(4)The main ways to resolve disputes are reconciliation between the two parties(such as contract modification,debt relief,etc.)and seniority mediation,and deal with the problem in the gentlest way possible.This is consistent with the customary mutual assistance in the Miao and Dong areas and the Han culture.The influence of Buddhist thought is inseparable.