吐鲁番回鹘文借贷契约研究

On Uyghur Loan Contracts Unearthed in Turfan

吐鲁番出土的蒙元时期回鹘文借贷契约,在格式上与唐宋时期汉文契约既有类似,也有若干不同处;保人的出现频率很高,正式的借贷契约都仰赖于保人的参加,并多用家庭成员充当保人;重视证人的参与,每件借贷契约都有证人;书契人一般由交易双方特别聘请,也有债权人或债务人充当书契人的情形;借贷利息率,有的按月计算,有的按年计算;实物借贷多是"秋初时节"返还;利率高低不等,最高的月息高达50%;违契不偿的处罚条款,只存在于有息借贷中,且有这种约定的只占一小部分;违契不偿的处罚,是按"民间惯例"加息偿还。

The Uyghur loan contracts in the Mongol-Yuan Dynasty,which were unearthed in Turfan,have both similarities and differences in form,with the Chinese ones in Tang and Song Dynasties.The appearance of guarantors was of such high frequency.Furthermore,the guarantors,acted by the family members usually,exercised the fixed role of participant in the formal contracts of loan.Witnesses were indispensable in contracts of loan,and every contract had the figures of witnesses.Generally,the recorders were invited by both parties,one of whom can also write contracts by himself or herself sometimes.The interest rates of loan were calculated monthly or yearly.The debtors repaid the loans of material objects in'the time of early autumn'usually.The interest rates were variable,the highest one of which was up to 50% monthly.The penalty clause about defaulting debts only existed in contracts of interest loan as only a small portion of the whole.The penalty was that the debtors repaid debts with the added interests according to usual practice.