西夏契约研究

契约在我国有悠久的历史,它在不同时代而称谓不同。契约是当事人设立、变更和终止民事关系的一种具有凭证性质的法律文书,也是契约当事人权利义务关系的一种设定。西夏在学习借鉴和吸收中原王朝契约精华之后,制定了比较严密的契约制度,在规范西夏商品交换和市场秩序方面发挥了重要作用。为此,本文结合目前已经考释公布的西夏汉夏文契约实物和《天盛律令》的有关条款规定,从西夏契约成立的要素和西夏契约的法律规定两个方面进行了比较深入细致的探讨,为学界研究西夏契约提供了一些素材。

Study on Contracts in Xixia Dynasty

Contracts have a long history in China,and they have different terms in different ages in history.Contracts are legal papers with a nature of credenceand are formed when the parties assign,modify,or terminate the civil relationship.They are enactment of rights and obligations of parties.The fine things of contracts of Zhongyuan Dynasties were taken over and assimilated by Xixia Legislation and constitution and formed the rigid Xixia contracts which played a very important role in regulating the commodity exchange and market order in Xixia Dynasty.According to the already published investigation and interpretation of practicality of contracts in both Chinese and Xixia languages of Xixia Dynasty,and relevant stipulations and provisions of Tiansheng Law,the author mainly and intensively studies the elements of establishment and lawful regulations of Xixia contracts,and provides the Xixia research circles some valuable research materials.