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 92 筆
... which she introduced at the third workshop, makes clear that the omnipresent third-party signatories on Chinese ... to the free will entry of the parties into the contract and standing warranty that the persons or Introduction 3.
Contractual issues in particular disclosed local property regimes under stress and undergoing "reinvention" by feuding parties and Qing officials alike. While 630 murder cases resulted from disputes in the above three provinces between ...
All but the simplest contracts started with the names of the parties and the nature of the transaction. Often they included a history of the transaction and an explanation of why the parties were doing what they were doing.
For example, landlords often repudiated liability for damages caused to third parties by their tenants. Buyers were indemnified if title was challenged by a third party. Persons who took goods on pledge for a loan declaimed ...
In only two types of cases would other considerations override the "intent of the parties": (1) cases in which the contract clearly violated the "customs of the trade," and (2) decisions in debt cases, where it was common to seek a ...
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