西夏土地买卖租种的价格、租金与违约赔付

Price,Rent and Default Compensation of Land Sales and Leases in Xixia Regime

本文以西夏法典、传世文献和出土文书等相关资料相互印证,对西夏土地买卖和租种的相关问题进行探讨。在西夏,土地买卖和租种是一种较为普遍的行为。土地出卖人主要是普通民众,他们将自属土地卖与他人尤其是寺院僧人,土地买卖的价格在0.07石/亩左右;土地承租人多是普通民众,出租人则以寺院僧人为主,土地租金在0.087石/亩左右。土地买卖的违约行为是在契约订立生效后一方出现反悔或变更情况,土地租种的违约行为是承租人不能按时交纳地租,而使出租人蒙受损失。对于违约赔付问题,法律根据不同情况有相应的具体规定以保证受损人的基本权益。

From mutual corroboration of lawbook,hand-down documents and unearthed documents of Xixia regime,the paper explored the problem of land sales and land renting.That was common in XixiaRegime,and the sellers were mostly ordinary people,they sold their lands mainly to monks at the price about 0.07 dan per mu,tenants were also common people and the leasers were monks from temples,the rent was 0.087 dan per mu.The default behavior of land selling was regulated as one side went on one’s words or changes happened,and that in land renting was when leasers could not pay the rent on time.The law had exact regulations on default compensation according to different matters for promising the benefit of tenants.