试论隋唐五代买卖合同制度

On the System of Sales Contract in the Sui, Tang and Five Dynasties

买卖合同是隋唐五代时期最重要的合同类型之一。买卖合同的有效成立必须有买卖双方的合意及符合法律,重要的还要求有第三人担保或见证以及制作成书面合同。隋唐五代买卖合同一般包括六项内容,即买卖标的条款、买卖事由条款、买卖事实条款、保证义务条款、违约责任条款和当事人、保人乃至见人的签字画押。隋唐五代时期,合同一经成立,一般都能够得到履行,但违反合同的事情或履行中的其他纠纷也时有发生,为此,隋唐五代各朝采取了一些相应的措施予以控制,包括控制买卖当事人、约束买卖中介、严禁无端悔约、整顿官民买卖。

The sales contract is an important type of contracts in Sui, Tang and Five Dynasties. For the establishment of sales contract, it requires the agreement between seller and buyer and the conformity to the law. Besides, for the establishment of important sales contract, deed and some guaranties are required too. The contracts for sales included five items, namely term for object, cause for sales, fact for sales, duty for grauantee,liability for breach and signatures of Contractors, warrantors and witness. Although, in Sui, Tang and Five Dynasties, the contracts for sales could ordinarily be performed, breaches of contracts for sales sometimes took place. So such measures as controlling contractors and intermediator, forbidding breaking agreement and the like were taken to reduce the breaches.