Traditional Culture Encyclopedia - Traditional virtues - The sales contract in Song Dynasty developed into three forms.
The sales contract in Song Dynasty developed into three forms.
The contract legislation in the Song Dynasty had reached a fairly complete level in the feudal era of China, and the laws of the Song Dynasty had very detailed provisions on the contractual relationship needed by the general property exchange in society.
The occurrence of debt: the debt generated by contract accounted for the majority in the Song Dynasty, and of course there were other forms of creditor's rights.
Sales contracts: There are three kinds of sales contracts in Song Dynasty: absolute sales, on-site sales and credit sales. Never sell for general business.
Lease contract: The lease of houses and houses in Song Dynasty is called "rent", "rent" or "borrow".
Lease contract: Lease of land was very common in Song Dynasty.
Auction contract: the auction in Song Dynasty is also called "live sale", that is, the transaction method of collecting part of the benefits through the right to use the transferred object and retaining the right of redemption.
Loan contract: There are obvious differences between the traditional loan contracts in Tang and Song Dynasties. Those with interest are called withdrawals, and those without interest are called liabilities.
Compared with the laws of other dynasties, the civil rules in the laws of Song Dynasty are more detailed, and the property transaction relationship is more complex and extensive.
In ancient Chinese law, more refers to the inheritance of identity. In the Song Dynasty, inheritance began to have more meanings. According to laws and folk idioms, other words are used in property distribution, such as property division and property analysis, but inheritance is also used.
Continuous relation
The laws of the Song Dynasty have great flexibility in inheritance relations. In addition to following the previous system of equal share of inheritance brothers, women in the house are allowed to enjoy part of inheritance property rights; At the same time, it is recognized that posthumous children have the same inheritance rights as their own children.
Based on the different status of women, women are divided into three categories in the distribution of property: women in the house (women who still live with their parents after their parents died and are not married), married women who have been abandoned by their in-laws, and married women (parents only had daughters but no sons before their deaths, so they can participate in the distribution of their parents' inheritance).
The Southern Song Dynasty also stipulated the method of inheritance of family property. Household division means that there is no man in the family to inherit. There are two ways for a family to establish an heir: when the husband dies and the wife is alive, it is called "establishing an heir" from the wife, and when both husband and wife die, it is called "lifelong heir" from the elder.
Stepsons and unmarried daughters have the right to inherit, but only unmarried women have the right to inherit, and stepsons have the right to inherit the property of14. Only married women (married women), married women enjoy the inheritance right of 1/3, stepchildren enjoy 1/3, and others 1/3 belong to the government.
Beijing politics and law network-contract legislation and inheritance system in song dynasty
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