两宋土地交易中的若干法律问题

Some Legal Problems in Land Trading during the Two Song Dynasties

宋代土地交易非常活跃 ,有复杂灵活的交易方式 :绝卖、活卖、倚当。与此相应 ,在法律上有关土地交易的程式化要件、实质性要件及相关诉讼问题规定得都比较完备。程式化要件有先问亲邻、订立契约、纳税投印、过割赋役。实质性要件要考虑交易人的意愿、权利能力、是否离业等因素。

In Song Dynasty, the land trading was very active and flexible. To be comparable, the corresponding legal procedure documents, practical documents and lawsuit related to land trading were rather perfect. The procedure documents required to ask for opinions of the relative and the neighbour first, and to make contract ,and to pay tax.. The practical documents considered the willingness, power and job of the trader's. This paper analyses these problems from legislation as well as from judicature.