Research On Affinity Ethics In Sale Contracts

The existence of contract in our country is a long time ago,some researchers think its origin can be traced back to the end of primitive society.The use of contractual documents is becoming more and more frequent,including in all aspects of social life,such as buying and selling,borrowing,hiring,pawn,marriage,separation and so on.Chinese traditional kinship ethics is not only a moral culture,but also a normative criterion for family,clan and society.In daily life,traditional kinship ethics plays an extremely important role in optimizing family relations,maintaining clan order and consolidating social stability.Looking at the track of historical development,the inheritance of traditional kinship ethics and culture in China has never stopped,and has gone through the continuous evolution and development from generation to generation.To the Qing Dynasty,that is,the last feudal dynasty of ancient society,whether it is culture —— kinship ethics,or economic —— contract activities,have a certain accumulation and precipitation.Therefore,the study of the contract documents of sale and purchase in Qing Dynasty is of great value to explore the reasonable existence of kinship ethics under ancient Chinese economic activities.Because of this,the academic research and study of Qing Dynasty contract has never stopped.At present,experts and scholars at home and abroad have made great achievements in the discovery and research of contract documents in Qing Dynasty.This paper aims to explore the rationality and necessity of the existence of kinship ethics under the contract activities through combing and studying the contract of sale and purchase.The thesis consists of three parts: introduction,text and conclusion.The text is mainly divided into three chapters.The first chapter clarifies the definition of "kinship ethics" and compares it with contract ethics.The second chapter mainly focuses on the terms,including the reasons for the sale and the terms of the parties to the deed.The third chapter focuses on the habit in the contract,from the search for price and the sale of graves two aspects of research and analysis.Based on the core point of the thesis,the conclusion emphasizes the value of the study of kinship ethics in the contract of sale and purchase in Qing Dynasty and its reference to the society.