传统契约文书与中国人的契约观念

Traditional Contract Documents and the Chinese Concept of Contract

中国传统社会的很多方面都是通过契约来规范的,契约构成了民间私法的主体,很早就已经形成了独具特色的契约秩序。中国传统契约种类繁多,内容丰富,存世量巨大。通过对传统契约的考察,中国人很早就形成了一定的契约观念,包括:空口难凭,重视契约文书的签订;界限分明的财产观念;清晰的个体权利与义务意识;超越法律的道德性和伦理性;珍视契约,注重契约文书收藏与保存等方面的内容。

Many aspects of China＇ s traditional society were regulated by contract, which constituted the main body of the civil private law and possessed its unique order. The traditional contract documents were diverse, rich in content and great in amount. Through the investigation of the traditional contract documents, it is found that certain concepts of contract are long - established in China, including paying attention to the signing of contract documents, but not relying solely on verbal commitment; a clear concept of property; the consciousness of individual rights and obligations beyond the law and ethics; and cherishing contract, paying attention to the collection and storage of contract documents.