A Study Of Changes In Land Sales Contracts In Tang And Song Dynasties

The Tang and Song Dynasties were important periods of economic development,especially in the Song Dynasty,the development of commodity economy was particularly prosperous,which made the contract of these two periods have its outstanding point.The contracts in the Northern Song Dynasty continued to retain some characteristics of the Tang Dynasty,while the contracts in the Southern Song Dynasty largely got rid of the influence of the Tang Dynasty and gradually formed some characteristics of their own.Therefore,this article mainly contract is common in land sales contract as the tangent point were analyzed,and the selection of the high-speed economic development in the tang and song dynasties to this contract,and the analysis contract what are the changes in song and tang,especially focusing on the analysis of the change of the southern song dynasty between huizhou contracts and dunhuang in the tang dynasty contract,and analyzes the reasons behind the changes.This article first introduces the tang and song dynasty land buying and selling of the contract law,because the legal form is the form of legal norms to exist or performance,so to clarify the legal form of tang and song dynasties,land sales and its embodiment in analyzed ethically "and" tang "field to","song punishment system","to" the song dynasty,and the name and books to clear set of cases.Then,it introduces the legal provisions of the land sale contract in the Tang and Song Dynasties,from the aspects of contract principle,legal effect and deed tax system.Second analysis land sales contract elements of change of tang and song dynasty,from the subject,target,time,price,guarantee and default clause a contrast between a pair of tang and song dynasty,such as in the aspect of natural person,civilians have widened the scope of the song dynasty and the teeth in the contract gradually strengthen,in terms of legal subject,the song dynasty legal restrictions on the temple is very strict,almost is strictly prohibited.Compared with the Tang Dynasty,the Song Dynasty almost did not limit the type and amount of the subject matter,but there were exceptions,that is,because the tomb field had the function of "respecting the zong and collecting the clan" in the heart of the Song Dynasty people,so the tomb field trading was restricted.Due to the influence of contract custom and local customs and culture,Dunhuang contract and Huizhou contract have corresponding changes in terms of time writing,price expression and the agreement of liability for breach of contract.Then it introduces the changes of the process of the land sale contract in the Tang and Song dynasties,the process is the legal procedure and legal form followed by the contract.The purchase and sale of land in the Tang and Song dynasties should go through a series of procedures.For example,the contract is required to be in written form,and there are some differences in the written form of the contract in the Tang and Song dynasties.In addition,the contract also has different requirements on the procedures such as whether to apply for an ultimatum,asking neighbors first,and overcutting the seal deed.For example,in the early Tang Dynasty,applying for an ultimatum to the government was the core link to judge whether the land sale was legal,but this link was abolished after the Song Dynasty,and the over-cutting of the seal deed became an important sign to judge the legality of the land sale.Finally,in view of the changes of the specific elements and procedures of the land sale contract,the paper analyzes the reasons for the changes and makes some evaluations on the changes.For example,the difference of household registration,land system,economic culture,wealth distribution and other factors in the Tang and Song dynasties all have a certain influence on the changes.The existing research results are either about the contract in Tang Dynasty or the contract in Song Dynasty.At present,there is no paper to directly study the changes of the contract in Tang and Song Dynasty.Everything itself will change and develop gradually with time,and there is an evolution process from imperfection to perfection.The contracts in Tang and Song Dynasties also changed according to this objective law.This paper makes a comparison of the specific elements of contracts and contract procedures in Tang and Song dynasties,and points out their changes,which involve two dimensions of contract system and practice.In combination with the political,economic,cultural,social and other characteristics of the Tang and Song dynasties,the reasons for the changes are mainly elaborated from the micro and macro levels.The micro level is based on the specific details of the changes in a one-to-one way,and the macro level is through the overall analysis of the reasons for the changes.In addition,I also hope to use the change of the contract of the Tang and Song Dynasties to prove the occurrence of the reform of the Tang and Song Dynasties,so as to provide a theoretical basis for the theory of the Tang and Song Dynasties' reform and add a bright spot to it.In addition,this paper also has its disadvantages,the change of tang and song dynasty contract respectively from the micro and macro level to seek the reasons behind the change,especially about the cause of the micro level adopted the way of one-to-one,this seemingly one-to-one relationship really have a regular sex or uncertainty,leading to the deep reason of this change and motivation may be not enough in-depth and comprehensive analysis,it is also my concern.