简析宋朝土地交易中的物权公示

On manifested real right in the process of the Song Dynasty's land transaction

根据宋代法律及司法判例分析,其土地买卖有较严格的法定程序,表现为对土地交易权利证书的相关法律规定。从法理上来说,土地交易权利证书反映土地物权的登记,即土地买卖的物权公示。物权公示的出现体现宋代物权立法之发展。红契是买主取得所有权合法凭证;到了南宋,砧基籍是田产底账,田产买卖,须准备砧基籍及契书赴县对行批凿,有契书而不上者无效。砧基籍是经过登记的土地物权证书,在司法审判中可起到证明田土产权的作用。批凿相当于不动产物权变动的登记,也起到对抗第三人的作用。宋朝土地交易公示具有独特安全价值和秩序价值。

Abstract ： According to the Song Dynasty＇ s law sion that the Song Dynasty had stricter legal rules in the and some judicial precedents, we can draw a concluprocess of land transactions. There were certificates which could prove property rights in the land transactions. From the legal point of view, these right certificates reflected registration of land real right, namely manifested real right in the process of land transactions. The rules of manifested real right showed that the Song Dynasty＇ s legislation was more developed. Red Contracts were legal certificates when customers wanted to obtain the property rights. In the Southern Song Dynasty, Zhenjiji was the base account of land property. People must prepare Zhenjiji and Red Contract for the county to make an appraisal line by line. It was invalid if people had not handed over their contracts. If people did not have Red Contract, the Southern Song Dynasty＇ s Zhenjiji was the base certificate which could prove property right in the judicial trial. Making an appraisal was equal to the reality of registration. It played a role of confronting any third persons. The system of manifested real right in the process of the Song Dynasty＇ s land transaction had the value of security and order.