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Suretyship of Loan Contracts in Ancient China

Author: ZhangYan
Tutor: HuoCunFu
School: Jilin University
Course: Legal History
Keywords: Ancient Chinese loan agreement
CLC: D923
Type: Master's thesis
Year: 2005
Downloads: 343
Quote: 2
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Abstract


The meaning of modern civil law guarantee system, it is to point to the parties agree that one party (the guarantor) in the other party (creditor) when the debtor fails to perform his obligation by the generation of negative responsibility system. The theme of the paper is about Chinese ancient borrowing contract guarantee system research. Based on the synthesis of the Chinese imperial contract will knitting "interpretation" of the collection of 118 pieces of the guarantor in the original loan agreement, twenty century civil habits survey record "and ancient Chinese code data, the ancient Chinese loan contract guarantee concept and legal characteristics, guarantee the type, make the contract concept and legal characteristics, the guarantor, and guarantee contract form, content and effective elements, analysis the creditor and the debtor, guarantor and between rights and obligations. This paper tries to Roman law guarantee system and compared, recreating the ancient Chinese loan contract guarantee system panorama, as well as the characteristic system content.

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