隋唐五代 賣買契約 및 法律 規制에 관한 試論

In SuiTangWu Dai, a sales contract, in order that it might be effective, had to be coincident with mutual agreement and a law, have a third person's security, an attestor, and a written contract. A sales contract generally contains six stipulations: articles of sale, the reason of sale, the fact of sale, the responsibility of surety, the responsibility of default, and signatures of a contractor, a surety, and an attestor. Among sales contract documents of each area, these stipulations didn't entirely coincide in form and substance. So we can find complexity and variety in sales contract documents. After a contract was concluded, it was fulfilled generally. But sometimes people broke a contract or raised a trouble in the middle of fulfillment of a contract. Each dynasty of SuiTangWu Dai tried to take proper measures in order to solve these problems. The measures are as follows: forbidding contractors strictly to mutilate the contract rashly, controlling contract procedures thoroughly, securing brokerage of sales, and arranging sales activities between the government and the people, etc. Nevertheless these measures were not so effective because some laws were not thoroughly observed by local government offices.