The loan contract of the Western Zhou Dynasty is called (), and the sales contract of the Western Zhou Dynasty is called ()

The loan contract of the Western Zhou Dynasty is called "Fubie". The sales contract in the Western Zhou Dynasty was called "pledge".

In the Western Zhou Dynasty, the contract was called "Book Agreement", "Pledge", "Parting" and "Judgment" and developed into a relatively mature system.

1. Contracts can be divided into sales contracts and loan contracts in nature.

(1) Sales contract: The sales contract in the Western Zhou Dynasty was called pledge, which was written on bamboo slips and divided into two parts, with the buyer and the seller holding half, that is, "the same but different". During the Western Zhou Dynasty, the government had intervened in market trade. At that time, the high-quality agents were all made by the government's market managers "high-quality people"

(2) Loan contract: Zhou Li stipulates that whoever has the responsibility (debt) and who has a judgment to make, then listen. "Responsibility refers to the debt arising from borrowing. This provision means that all loan and debt disputes that need to be handled by the government must be accepted by the original "judgment". Judgment, that is, the bamboo (wood) slips written with the words of loan are divided into two parts, and each party holds half, which is used as the certificate of creditor's rights and debts.

2. From the formal point of view, in addition to the above pledge, pledge and deed, there are three main types.

Book deed in a broad sense refers to general words or documents, and book deed in a narrow sense refers to contracts. Narrow contract is divided into broad sense and narrow sense. In a broad sense, it refers to general contract documents, and in a narrow sense, it refers to credit contract documents that do not pay interest. Generally speaking, a book contract refers to a credit loan contract without interest rate.

Extended data

The form of contract in ancient China

The word contract existed in ancient China. But in ancient China, "Qi" and "Yue" were originally used separately, and the word contract was used together after Cao Wei. After the Eastern Han Dynasty, with the opening of the Silk Road, the word "contract" appeared in ancient contracts in China. From the Southern and Northern Dynasties to the Tang Dynasty, the concept of contract changed, including the agreement of both parties. Different dynasties have different contract forms.

From the Western Zhou Dynasty to the Qin and Han Dynasties, the forms of "judging books" were mainly adopted, including "giving a farewell", "pledging" and "writing a contract".

After the Jin and Tang Dynasties, the form of contract developed into sub-contract and single contract. Subcontracts developed from judgments. In the Han dynasty, the earlier pledge developed into the "beginning book"; By the Tang Dynasty, "calligraphy" had developed into a "finger painting voucher". Contract of buying, selling and lending in Jin Dynasty. In the Tang Dynasty, the contract form was widely used. The so-called "two harmony" and "harmony" in the Tang Dynasty is a contract.

After the Tang Dynasty, the scope of use of contracts was expanding day by day. In the Song Dynasty, there appeared "whoever is in the law and who is in the field, all make a contract, and money is one of them." This world is popular and ordinary people know it. " There are many forms of contracts, either writing the word "same" at the joint of the two contracts or writing the word "contract" on the two contracts respectively.

In the 9th century AD, the gourmet Sauvaget described the conclusion of the contract in the Tang Dynasty in China's Indian Travels, including the phenomenon of "endorsement" of the traditional contract in China, that is, after the contract is established, both parties should hold the contract separately and write the words "same" or "contract" on the back of the saddle seam to show their agreement, which is also used as a kind of "credit certificate".

A single deed is a contract given by one party to the other, which is different from a sub-deed: a sub-deed means that each party holds one deed, and it must be verified together; A single contract is only issued by one party and accepted by the other party. There are no associated problems during verification. It originated from private lending, based on mutual trust and simplified procedures, and standardized civil contracts were implemented in the Song Dynasty.

The written format of the contract tends to be unified and easy to manage, which leads to the emergence of "formal contract paper", which further unifies the contract format and reduces the original contract drafted by the people to the status of "draft contract"

In the folk contracts after the Song Dynasty, it is customary to paste the folk grass deed on the official deed, forming the form of "pasting two deeds". The joint between the grass deed and the official deed paper was stamped with the official seal, which not only ensured the effectiveness of the grass deed, but also strengthened the government's intervention and management of the contract.

On the basis of "affixing two deeds" in Yuan Dynasty, the "receipt" for paying deed tax was affixed to the bottom of the official deed paper. This special receipt was called "deed gift" in Yuan Dynasty.

During the Ming and Qing Dynasties, the official deed paper was also called "official deed paper" or "official deed", and the receipt after tax payment was renamed as "deed tail", in the form of "grass deed-official deed paper-deed tail", and the three were bonded together from beginning to end to become "triple". "Sticking Three Covenants" is the most complete and formatted contract form in China's traditional civil contract. The appearance of "Sticking Two Deeds" and "Sticking Three Deeds" makes the traditional civil contract in China truly realize the unity of government and people in contract behavior.

Beijing Court Network-Contract System in Western Zhou Dynasty

Beijing Court Network-Contract Form in Ancient China