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Song Contracts Analysis

Author: LinJinXiang
Tutor: LiuYuFeng
School: Shandong University
Course: History of Ancient China
Keywords: Tang Song Contracts
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 288
Quote: 3
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Abstract

The development of ancient Chinese history is continuous, as exists in the field of economic and social development contract also constantly improving and developing. This review focuses on the application of more general contracts traded contracts as an entry point for discussion, on the ancient history of China's economic development during the peak period - Tang and Song dynasties as the two discussed the historical background. Sale contract does not begin to develop in the Tang and Song period, but to promote the economic development of the development of the contract period, so trading Qiyue Tang Song period has been fully developed. The period before the sale and purchase agreement in addition to the development of the Tang and Song has inherited, but also according to the economic and social situation dynasties were developed, and the subsequent dynasties improvement in sale and purchase agreement also has major implications. This paper discusses the distinction between contract traded real estate sale and purchase of real estate, and the sale and purchase contract requirements and the establishment of effective elements were divided, although China's ancient society has always insisted on a policy of Restraining Commerce, and the absolute domination of state power also extends to any field, including contractual terms, but \Therefore, the principle of freedom of contract is not only important in today's economic and social fields principle is also reflected in the ancient society, of course, the contractual relationship was still subject to many factors, limitations and constraints, and not really too much free development. The article also analyzed through a number of historical instruments traded Tang and Song Dynasties content, summed up its corresponding features. Through the historical discourse, combined with the historical characteristics of Tang and Song dynasties, in the longitudinal come out based on the comparison of the sales contract period as well as historical progress and limitations in order to be able to study the development of the subsequent sale and purchase agreement and today Perfection contract benefit. The full paper is divided into an introduction, body and conclusion of three parts, of which a small portion of the text consists of the following five components: the first part of this section briefly describes some basic knowledge of contracts traded. First, a brief introduction to the concept of the origin of the contract, and then leads to a sale and purchase agreement before the Tang and Song approximate development history. Song previous sales contract mainly discusses the development of the Western Zhou and Qin and Han dynasties. The second part focuses on the sale and purchase agreement Tang and Song Dynasties. This section focuses on the sale of the subject properties are distinguished from the purchase of real estate and real estate transactions to illustrate two aspects of the development of Tang and Song Dynasties sale contract. Real estate for sale in the Tang and Song dynasties mainly concentrated in the fields and houses aspects; while the sale of movable property subject to more extensive, and the distinction between the real estate trading trading book credit trading and trading and other species. Subsequently, summed up the characteristics of Tang and Song Dynasties sale contract. The third part of this section discusses the cut point is the establishment of Tang and Song Dynasties sale contract requirements and entry into force requirements. By drawing on paper in the current contract system requirements and the establishment of effective elements, the Tang and Song dynasties established trading contract requirements are summarized as this one needs to have consensual, but effective elements but it can distinguish many items such as the sale was a legitimate act, first ask the pro neighbors, had cut taxes, etc.; Meanwhile, some special conditions, such as writing and guarantees the existence of such an explanation and elaboration also made. The fourth part describes the Tang and Song Dynasties Contracts in production and composition, but also on the part of the real and personal property constitutes trading instruments are described separately, but whether immovable or movable property trading instruments traded instruments will have some common elements such as the presence of some of the basic terms, warranty and breach of contract terms. The fifth part is the part of the main section above by summing contract traded on the analysis of Tang and Song dynasties, and explore its impact on subsequent dynasties. Sale and purchase agreement as part of an ancient contract content, as it is with all of the covenants, as existed under the feudal system to suppress an economic form, in the absence of open social environment, it is impossible to grow and develop smoothly. However, the history of its existence but also an inevitable requirement. Commodities increased, pure barter has been impossible to meet society's requirements, while also accelerated the emergence of currency commodity trading speed, so that the contract is the emergence of the inevitable development of commodity economy. Absolute feudal ruling ideology while sales contract can not really achieve the realm of freedom, so the sale contract in the ancient Chinese did not get fully developed, and its development has been too much interference of external factors and repression, but it still conform to the historical development requirements exist and tenacious developing slowly. Tang and Song Dynasties economic development while also determines the commodity economy has reached a high point of feudal society, as a manifestation of the commodity economy - Contract necessarily in that period had an outstanding performance, which is also the topic of the thesis one basis point.

Song Contracts Analysis

Abstract

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