| By analyzing responsibilities guarantor in the Song dynasty had in the contract,we can find out how the law was implemented and viewed in the Song dynasty.And we can also explore how to deal with the relationship between modern jurisprudential concepts and ancient legal facts.In the process of trying cases,we also try to find the answer to the question of whether Song dynasty's laws were followed,whether people would consider the legal provisions by facilitating a contract through a guarantor,and whether the same words in ancient and modern times had similar meanings.In the Song dynasty,guarantor was involved in the process of concluding a contract and assumed the responsibilities that might arise from its own act.According to the act,guarantor may bear the responsibilities arising from the act.Focusing on the outcome of the act and the current types of responsibilities,the responsibilities of guarantor in the contract includes both criminal and civil responsibilities in the Song dynasty.These were imposed by the state or agreed upon by the parties.In terms of the legislation,the provisions of the Song dynasty's laws dealing with guarantor are mainly in pawn contract,sale contract,load contract and lean contract.If guarantor's act violated the provisions,and there was deception,or dealing in the subject matter of the offence,guarantor was subject to the penalty of the cane and to compensation for the loss of property caused to creditor.A certain gradient of caning was developed corresponding to different acts;some acts were even assessed as theft.Among original manuscripts references to guarantors,some of laws also deal with the responsibilities of guarantors in contract,with officials implementing the responsibilities of guarantors in accordance with law and discretionary zones.In addition to this,the Song contract that have come down to us may reflect some of the views on guarantor and his responsibilities.These are difficult to record through law and case,but it is possible to try to infer them from contract.If guarantor signed his name in a different place in the contract,then the guarantor may have been liable for the response.In Song dynasty,the terms and records of the guarantor in contract became more obvious.As inferred from the content of the contract,the Song may have used not only the title of guarantor,but also such titles as kouchengren,yaren,yabao,baojianren and so on.They may have simply written the name.Most of laws,cases and contracts have some space to record what is relevant to the guarantor and often of significant to one of the parties to the transaction.They focus on the conduct of the guarantor in the contract in much the same way,and also allow for disputes to be dealt with through the guarantor's final responsibilities.Presumably,the Song dynasty emphasised the responsibility of the guarantor in the contract.As the guarantor was only involved in the process on his or her own credit,if the guarantor's act caused damage to the creditor,then the guarantor could not directly compensate for loss on credit.Thus,it was necessary for the law or the contract to agree on how the guarantor would be liable with property,so that the creditor would not be unable to recover the loss.Moreover,by the time a Song contract was put into writing,the parties might have completed the main elements of the contract.After the contract was signed,there were problems with the property,which has caused creditor to suffer property damage and led to disputes.However,the act of repayment in the contract of loan had not yet been performed.So the guarantor in it had an additional general warranty,which is similar to today's civil responsibilities.At this point,the debtor may no longer be able to repay the creditor's belongings.Emphasising the responsibilities of the guarantor,which makes the guarantor liable to the creditor in respect of property.It may be possible for the creditor to recover the loss of his property in order to deal with the dispute relating to the contract. |
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