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The Development and Influence of the Civil Legal System of the Five Dynasties

Author: ZhangJian
Tutor: LvZhiXing
School: Southwest University of Political Science
Course: Legal History
Keywords: Five Dynasties Ownership Contract Inherit
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 18
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Abstract

The legislators to learn from the Sui and Tang civil law system based on the Five Dynasties, then the social civil law disputes complicated to develop a series of laws and regulations to adjust various civil activities, especially for the ownership, the typical rights, contract more specific provisions of inheritance and other civil activities. The purpose of this paper is to analyze the characteristics of the Five Dynasties civil legal system, through the study of the development of the Five Dynasties and the civil law system, and finally try to investigate its causes and its impact on future generations of civil legal system. The text is mainly constituted by the three-part introduction, body and conclusion, which the body is divided into three parts to discourse. The introductory section, the first account of the historical background of the Five Dynasties which followed the status quo of a the Five Dynasties civil legal system research and inadequacies, and finally clear the author's research methods and research purposes. The first part describes the development of a the Five Dynasties civil law system. By comparison with the civil law system of the Sui and Tang dynasties, from the four aspects of the civil subject, property rights system, claims system and inheritance system to study its development. First, the development of civil subject. The background of the development of the hands of the state has a large number of barren land, the majority of farmers because of the war to flee away from home, unable to An Xingeng species devastated agricultural production; Second, the development of the property rights system. Countries in order to resume agricultural production as soon as possible, a series of measures such as luring displaced persons reclamation, the membership did not land a reward to the hero veterans and other state-owned barren land allocated to the majority of producers, the rapid development of private ownership of land. It can be seen from the typical selling program detailed requirements the Five Dynasties Code sell more perfect system; Third, the claims system. Five Dynasties period contract system has been developed by leaps and bounds, is very rich in content and format has become increasingly standardized contract types; Fourth, the the inheritance system's development. Adopted son inherits a very common phenomenon during the Five Dynasties period, another dead provider of property inheritance also be developed on the basis of the inheritance system in the Tang Dynasty. The second part describes the characteristics of the five generations of the civil law system. First, the land ownership made way diversification, and inseparable from the development of the private ownership of land; Second, real estate mortgage or sell the institutionalization. Five Dynasties period, gradually formed in the real estate mortgage or sell a standardized system, and has a series of prohibitions, such as non-overlapping Code sell Tianzhai, non-stealing and selling Tianzhai strictly prohibited the inferior member privately dian Tianzhai, strictly restrict the behavior of intermediaries; Third, the content and format of the contract has become increasingly standardized. Five Dynasties period, the contract system development soon, the surge in the number of officials and the public contract, the state role in the development of contract specifications; inheritance system further development and improvement. Adopted son to inherit the title the righteous Son also bear the corresponding legal obligations, such as the parents are alive when the adopted son should not other nationality different fiscal; dead on the other hand providers heir has been expanded. The third part introduces the causes and impact of the the Five Dynasties civil legal system development. First, the Five Dynasties civil legal system development mainly the war affect private ownership of land to develop two reasons; second, the Five Dynasties civil law system is the impact on future generations. Four from the civil subject, property rights system, claims system and inheritance system to analyze the impact of the the posterity civil legal system, focusing on its impact on the legal system of the Song Zhaomin things. The epilogue summarizes the the Five Dynasties civil legal system to obtain ownership, real estate mortgage or sell the contract, inheritance of characteristics and significance.

The Development and Influence of the Civil Legal System of the Five Dynasties

Abstract

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