吐鲁番回鹘文买卖契约分析

An Analysis of Huihu Language Sales Contracts in Turfan

吐鲁番出土的蒙元时期回鹘文买卖契约 ,在订立过程中除买卖双方外 ,尚有保人、证人、书契人等相关人参加。在当时 ,证人是必具的 ,一般有多个 ;保人则较少见 ,且所保内容有限。卖方的所有权问题是关注的焦点 ,故契约中往往要提到“有权提出所有权争议的第三人” ,因而卖方在契约中必须有所有权不存在瑕疵的声明或公示 (买方的声明则是从另一个角度的强调 ) ,并要作出所有权瑕疵担保。这些问题是当时买卖契约的实质性内容 ,对认识蒙元时代吐鲁番地区买卖契约的法律性质具有重要意义。

The Huihu Language sales contracts of Mongoloid-Yuan period unearthed in Turfan were attended by a number of related parties besides buyer and seller,such as guarantor,witness and contract-writer,in the process of concluding. At that period,witness was necessary and always served as by several persons. On the contrary,guarantor was rare,and the issues guaranteed by such person were also limited. Seller's ownership was the focus of concern,so “third party who has the right to challenge ownership” was often mentioned in the contracts. Thus,sellers had to make some statements or expressions in the contracts which indicate that the ownership didn't have defects(the statements of buyers were stresses from another viewpoint),and sellers also had to make guarantees on ownership defects. These issues were the substantive contents of sales contracts at that time,and have important significances for us to recognize the legal nature of sales contracts in Turfan district of Mongoloid-Yuan time.