再论中国古代契约与国家法的关系——以唐代田宅、奴婢卖买契约为中心

由唐代有关卖买契约的令文及有关律文规定,可见当时卖买契约与国家法律的基本关系。唐代卖买契约,基本是依照法律令进行的程序和活动,是在法律指导下形成的秩序。在此方面,古代契约活动的依据,主要为国家法,而非所谓民间法。

Re-Discussing the Relationship between Contracts and State Law in Ancient China: Centering on the Contracts Handling Lands, Houses and Servants in the Tang Dynasty

From the relative regulations and stipulations on the contracts in the Tang Dynasty, can be detected the basic relationship between business contract and state law at that time. The business contracts in the Tang Dy-nasty were basically conducted according to the regulations of the state law, and the trading order was constructed under the direction of the state law. Therefore, the foundations of the ancient business contract were mainly state law instead of the so- called civil law.