清末民初东北地区不动产租赁习惯法的构成及特点

The Composition and Characteristics of Customary Law for Real Estate Leasing in Northeast during the Late Qing Dynasty and the Early Republic of China

《民事习惯调查报告录》是研究东北地区不动产租赁习惯法的宝贵历史资料。东北地区的人们在长期生产生活过程中,基于逐渐积累的经验,形成了具有东北特色的"租不拦当、当不拦卖"习惯、"借地不拆屋"习惯、租种土地习惯、租赁房屋习惯等,构成东北地区特有的不动产租赁习惯法。这些习惯法呈现出实用性、重约性、季节性、相对公平性等特点。它不仅具有学术研究价值,同时也具有很大的实用价值,因此,对东北地区不动产租赁习惯法的深入研究非常必要。

The Record of Civil Habits Survey Report is a valuable material in studying the common law of property rental in northeast China. The customs have been formed gradually in the local people＇s life based on the accumulated experience. These customs have the following characteristics ： ＂permission to pawn after renting and permission to sell after pawning＂, ＂impermissible to remove the houses when using the land that has been lent to others＂, leasing lands and leasing houses. The common law of real estate leasing exists specifically in northeast China. These customs present characteristics of practicality, appointment, seasonality and relative fairness. It also has academic value as well as a practical value. It is necessary to undertake a further study on the common law of real estate leasing in northeast China.