民国时期新会县商铺铺底权相关研究

Relevant Research on Shops’Right to Pudi in Xinhui County During the Era of the Republic of China

铺底习惯是业主与铺客在长期的利益冲突下达成的关于利益分配、损害分担的“共识”。铺底关系的产生最初来自于铺客对于业主商铺的改良从而取得的一种特殊权利。随着商业的发展、铺客顶手交易的增多以及主客双方力量对比的变化,业主逐渐难以限制铺客“私自召顶”的行为,使得铺底习惯逐渐形成。民国时期新会县商业繁荣,铺底顶手交易频繁,铺底的顶手交易有一套较为完整的流程。当时新会县商铺的铺底顶手价格高昂,并存在明显的区域差异。由于商铺租金日渐高涨,业主与铺客之间的纠纷渐起,尤以铺底权纠纷更显突出。最初新会县法院对于铺底权纠纷案件判决的主要依据的是当地的商业习惯和已有判例,而在1922年以后,铺底权被纳入了广东地方法规,为地方法院解决铺底权纠纷提供了依据,新会县商铺铺底权的设定、登记和消灭等运作程序也相应地逐渐规范化。

The Pudi habit is the“consensus”reached by the owners and shoppers on benefit distribution and damage sharing under long-term conflicts of interest.The origin of the Pudi relationship originally came from a special right obtained by the tenants to improve the owners’shop.With the development of commerce,the increase in trades between owners and tenants,and the changes in the balance of power between the tenants and the owners,it is gradually difficult for owners to restrict tenants’behavior of private transaction,which has gradually formed the habit of Pudi.During the period of the Republic of China,Xinhui County had a prosperous business,with frequent Pudi transactions,and a relatively complete set of procedures for Pudi transactions.At that time,the prices of Pudi were high and there were obvious regional differences.Due to the increasing shop rents,lease disputes arose between proprietors and tenants,especially the right to Pudi.Initially,the court of Xinhui County’s judgment of these disputes were made according to local trade usage and existing legal precedents.However,after 1922,the right to Pudi was included in the local regulations of Guangdong,providing the basis for local courts to settle such disputes.Therefore,the setting,registration and cancellation of shops’right to Pudi were also normalized in Xinhui County.