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The "single Contract" And Its "gap Filling" Function In The Qing Dynasty

Posted on:2020-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:B J WangFull Text:PDF
GTID:2436330596972901Subject:Legal history
Abstract/Summary:PDF Full Text Request
Chinese traditional contract is an important component of Chinese traditional judicial culture.We can read the form and content directly from so many Chinese traditional contracts.This article researches on contract in ancient China based on different area in Qing dynasty and defines and organizes unilateral contract by analyzing sentences,practical analysis and historical research.By reading contract compilations which compile Qing dynasty's contract from different area by scholars,I find that most of contracts have similar form,which is unilateral contract.First of all,the article defines unilateral contract by reading other scholars' articles.Then I compare similar definitions and clarify characters and nature of unilateral contract.Actually,it is made for only one contract.And then clarifies similar definitions among unilateral contract,contract in ancient China and contract.At the same time,this article introduces types of unilateral contract in Qing dynasty.And then this article analyzes articles in unilateral contract in Qing dynasty following the types of relationship in transaction.This article summarizes unilateral contract on selling goods,borrowing unilateral contract,rent unilateral contract and hypothectic unilateral contract.At last,the article is going to provide values for gap filing mechanism in unilateral contract from formality and content aspect.,simply describes traditional value of unilateral contract.Summarise the function of unilateral contract in the end and analyses the value to the contemporary simply.
Keywords/Search Tags:Qing dynasty, contract in ancient China, unilateral contract, gap filing function
PDF Full Text Request
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