Contract and Property in Early Modern China: Rational Choice in Political Science
Stanford University Press, 2004年2月18日 - 408 頁
Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.
第 1 到 5 筆結果，共 62 筆
Indeed, it would appear that regardless of one's social status or level of literacy, memorializing an agreement in writing was seen as the essential step toward making it proper and investing it with durability as well as legitimacy.
Defective performance appears to have been most often dealt with by means of liquidated damages. Among the examples found in Zigong salt well contracts are agreements that if investors ceased drilling, the well would revert to the ...
... people in late imperial and early modern China were highly litigious.14 While land-related cases were probably often handled first by informal mediation, business disputes appear to have come directly to the magistrates' courts.
... court vis-a-vis "the law," in civil cases, both formal and paralegal institutions appear to have upheld the rights established by custom, code, and contract and to have provided a predictable venue for the resolution of disputes.
From the point of view of Western contract law and its impact on business practices, it is noteworthy that Chinese disputants do not appear to have argued for lost profits. It is not clear why this is the case.
讀者評論 - 撰寫評論
一是曾小萍（Madeleine Zelin）指出：當明清時代中國商人於本國內地，西北、西南、東北邊區乃至東南亞等海外地區從事商業活動時，包含合夥、股份等不同型態的契約行為，便不斷地傳遞與演化（Madeleine Zelin, Jonathan K. Ocko, and Robert Gardella, “Introduction.” In Contract and Property in Early Modern China, pp. 2-3.）；
二是歐中坦（Jonathan K. Ocko）的提法：而當時在中國參與簽訂各項契約的民眾，他們在「想像、創造、維持與終結（各類契約中的）交換關係」時，究竟如何受到當時既有各類「團體規範」（group norms）的影響與形塑？會是很有意義的課題。學者建議不再採取偏重法官與法學家如何建構「契約法」這類所謂「法學中心論者」（legal centralists）所關心的議題，改採「團體規範」與「契約行為」互動的研究取徑，可能會更有啟發性（Jonathan K. Ocko, “The Missing Metaphor: Applying Western Legal Scholarship to the Study of Contract and Property in Early Modern China.” In Contract and Property in Early Modern China, p.197.）。
Managing Multiple Ownership at the Zigong Salt Yard
Financial Arrangements in
Contracting Business Partnerships in Late Qing
Chinese Names and Terms
List of Contributors
Supplemental Payment in Urban Property Contracts