Ancient Chinese folk contract designation and its characteristics.

A more developed contract system Contracts were also in two forms

As early as the period of slave society, more than two thousand years ago, China already had a more developed contract system.

During the Western Zhou period, there were two main types of contracts, one for the purchase and sale of the contract, then known as the prime agent. There were two types of pledges, one for the sale of slaves or livestock, and the other for the sale of weapons or food, and the other for the sale of short pledges, which were the pledges.

The other major type of contract was the loan contract called "Fubei". Although they were both contracts, they were not exactly the same in form.

Fu Bei is in a piece of paper only write a loan content, and then from the center of the split, the creditor and the debtor each half, the paper on the word for the half, to be half together in order to see the full content of the contract; quality agent is in a piece of bamboo on the same content of the contract, and then divided into two, buyers and sellers to take a copy of each one, each of the above is a complete contract.

Southern Song Dynasty

Not pay taxes the government does not seal the contract has no legal effect South

Song Dynasty contract is commonly known as the "thousands of license". The law provides that any sale or transfer of property, must sign a contract, the contract must also be sealed by the government, which is similar to the contract for the notary.

However, the Southern Song government will not be free for the people to serve, is to collect taxes. After the official seal of the contract is called the red deed, is the main basis for property litigation. If you don't pay the tax, the government won't give you the seal of approval, so the contract is a white contract, which has no legal effect, and in case of a lawsuit, the white contract can't be used as evidence.

Eastern Han Dynasty

After the invention of papermaking, the bamboo and wood contract eliminated

The old in the bamboo or wooden documents to write the contract is also a more laborious and costly thing. Since one of the four great inventions of papermaking appeared in the Eastern Han Dynasty, this bamboo and wooden documents of the contract was eliminated, replaced by inexpensive, easy to carry paper to do the coupon.

At that time, there were also two forms of contract, one is the judgment, the other is the book of hands.

Judgement in the Qin Dynasty, it is the contract from the center into two halves, each side of the contract to take half, as the performance of the contract and disputes on the government when the evidence.

The next hand book is the invention of the Han Dynasty, it is written on two pieces of the same contract content of the board and in a piece of wood, by both sides or both sides and then add the insurer painted fingers.

The so-called finger-painting, that is, by the parties in the contract at the back of their own names below or on the name, hand-drawn on the length of one of their own fingers on the line, and draw the fingertips, knuckles of the position, or just point out the fingertips, knuckles of the position.

Both of these types of deeds were gradually changed to writing on paper after the advent of paper.

Yuan Dynasty

To obtain a tax voucher you had to pay money to the government Yuan

Contracts in the Yuan Dynasty were uniformly printed by the government. The law of the time stipulated that the contract instrument and the documents attached to the contract instrument should have a "deed book".

The deed is issued by the government of the Yuan Dynasty to the taxpayer's tax vouchers, by the Yuan Dynasty Ministry of Household with copper plate manufacturing, the cost is high, so have to charge the appropriate amount of labor costs, the original charge of one money, and later increased to three money. No deed of birth is regarded as tax evasion.

The contract form of the Ming Dynasty is more diverse, such as tenant contract is divided into the tenant contract and tenant contract, the former is the tenant leasing land to tenant contract, the latter is the tenant tenant contract of the arable land.

The Eastern Jin Dynasty

The contract was called "wen voucher", which was stamped with an official seal after paying taxes

In the Eastern Jin Dynasty, the contract was called "wen voucher", which was a contract stamped with an official seal after paying taxes. From the sixteen states, the contract is also known as the "contract", that is, in the deed of the two Zhazha joint written on a "with", and later changed to write the "contract" two words, some people are even more ingenious! Some people are even more original, write an auspicious phrase. At this time began to write instead of the Han Dynasty finger painting.

Tang Dynasty

The contract is called "city coupon" government unified format

Tang Dynasty, the contract is called "city coupon", its format and text by the government unified regulations, but also for the parties to save the trouble of the proposed contract.

It is worth mentioning that the "contract" this title, it is in the Tang Dynasty began to become the official name of the contract, which comes from the meaning of "branch contract". This is because, in ancient times, the quality of the agent, Fu Bei, judgment and other contract instruments *** with the same characteristics of the same content into two, to use, the two into one, "contract" thus named.

Qing Dynasty

Late does not pay the stamp duty contract has no legal effect Qing

Before the mid-1990s, the law allows folk to write their own contracts, only in the contract behind the paste the official government issued the seal of the deed on the line, the end of the deed is the transaction by the official government registration and tax, the official government to fill in the issuance of an instrument, as an important attachment to the contract; the later is to change to the official seal of the deed of the paper, that is, the contract text, of course, for the private private sector, the contract will be signed. The first is that the contract is not a contract, but a private contract, and the end of the contract is usually still allowed to be attached to the contract.

Later, the contract had to pay stamp duty. Here the stamp duty is a kind of rent tax levied on the government's special stamps affixed to the contract. The contract is not legally binding if you don't pay the stamp duty.

Comparison of ancient and modern - written contracts

Ancient requirements of black and white now e-mail can

Ancient written contracts are either engraved on bamboo or wooden documents or written on paper, most require black and white. Now, everything that can prove that the parties have an agreement can be called a contract, the Contract Law, Article 11 provides that the contract "written form refers to the contract, letters and data messages (including telegrams, telex, facsimile, electronic data interchange and e-mail) and other tangible expression of the contents of the form".

Nowadays, the state has introduced a variety of model contracts for the public to refer to and use, but by no means as in ancient times required that contracts can only be made with a state-printed deed. There is no fee for the use of model contracts.

Comparison of the old and the new - effective conditions

In the ancient times, the government had to go through the seal of the government today, the general establishment of the effective

In the ancient times, the contract has to go through the seal of the government in order to be set up and take effect, and this has been the case from the Southern Song Dynasty onwards.

Nowadays, the general contract is established when it comes into effect, as to when the contract is established, Article 32 of the Contract Law provides that "the parties to the contract in the form of a contract book, since the parties signed or sealed when the contract was established", Article 33 provides that "the parties to the form of a letter, data messages, etc. to conclude the contract, the parties to the form of a letter, data messages, etc. to conclude the contract. Article 33 further provides that "[w]hen the parties conclude a contract in the form of a letter, data message or the like, they may request the signing of an acknowledgement prior to the formation of the contract. Signed confirmation of the contract is established".

There are also some contracts are not immediately effective, but need to go through certain formalities, such as mortgage contracts and pledge contracts, are effective from the date of registration; deposit contract is effective from the date of actual delivery of the deposit.

Comparison of ancient and modern - oral contract

Ancient times did not deny its effectiveness today, some cases do not work

Both ancient and modern, is to recognize the validity of oral contracts. Contracts in the earliest times, it is in the form of oral, only later transactions increased, the content of the complexity, only had to use written contracts to clarify the rights and obligations between the parties. But the legislation does not negate the validity of oral contracts.

Now, in order to make everyone understand the oral contract is effective or not, the contract law, article 10 clearly states, "the parties to enter into a contract, there is a written form, oral form and other forms," but the oral contract is not in any case work, such as the security law, article 13 provides that " Guarantor and the creditor shall enter into a guarantee contract in writing", Article 38 provides that "the mortgagor and the mortgagee shall enter into a mortgage contract in writing".

Comparison of the past and present - the qualifications of the parties

In ancient times, the children of the contract is limited today to see whether the "ability"

The contract is not something that can be contracted by anyone, the law throughout the ages on the qualifications of the parties to the contract have certain limitations.

In the Western Zhou Dynasty, only the nobles could buy and sell land, slaves and other valuables, that is, only the nobles had the qualifications to enter into such contracts of sale. But like lease contracts and loan contracts, the law still allowed the general public to enter into them.

In feudal society, the average person had the right to enter into all kinds of contracts. However, because of the traditional belief that it was only natural for the children's affairs to be managed by the parents and the women's affairs to be taken care of by their husbands within the family, this led to the restriction of the children's and women's civil rights, and these people were not free to enter into contracts.

Beginning with the Tang Law, the laws of successive dynasties stipulated that if the head of the family was present, the children and grandchildren were not allowed to privately sell their fields, houses, slaves, livestock, and other things, and that the contract was invalid unless it was approved by the government. The Ming dynasty also restricted the freedom of officials, their children and their relatives to enter into contracts.

From the Republic of China onwards, the law was brought into line with the world, and the unfair restrictions on citizens' freedom of contracting were gradually abolished.

Article 9 of the current Contract Law provides that "the parties to a contract shall have the appropriate civil rights and civil capacity". The so-called "civil rights", is a person from the time of birth on the enjoyment of the "civil capacity" is a little more complex.

Article 11 of the General Principles of Civil Law provides that "citizens over the age of eighteen are adults, with full capacity for civil behavior, can independently carry out civil activities, is fully capable of civil behavior. Citizens over the age of sixteen and under the age of eighteen, with their own labor income as their main source of livelihood, are considered to be fully capable of civil behavior." With full capacity for civil behavior, means that you can freely enter into contracts.

Minors over ten years old less than eighteen years old is a person with limited capacity for civil behavior, they can't just make a contract, like buying a small amount of toys or something okay, if it is a large transaction, such as buying a computer, you have to agree to the contract by the parents to be effective.

As for minors less than ten years old, is a person without civil capacity, must be their parents or other guardian agent for civil activities.