租佃契约源流考

Research on the Evolvement of Tenancy Contract

契约文化是民法文化的一个重要组成部分,而租佃契约是契约的一个主要类型,所以对租佃契约进行深入研究有助于解读传统民法文化。从宏观角度来看,租佃契约的发展与土地制度密切相关,伴随着土地从国有到私有,租佃契约的发展经历了萌芽、初步发展、回落,到广泛推行、普及和异化的过程,在这一系列进程中,人们的契约观念逐渐强化。

The culture of contract plays an important part in the culture of civil law, and tenancy contract is chief among all types of contact. Therefore, having a thorough research into the tenancy contract will definitely be helpful to comprehend the culture of traditional civil law. From the macro-perspective, its development has a close relationship with the land institution. From the state owned to private owned of land, the development of tenancy contract processed the origin, the primary development, declination to its widely spread, popularization and dissimilation. During this process, people＇ notion of contract strengthened gradually.