A Study On The Articles Of Tianzhu Area

Collecting the typical information from the the Tianzhu documents, this paper specializes the contracts in all aspects, including categories and forms. In the beginning, this paper divides it into four types—sales contract, pawn contract, loan contract and exchange contract. Then, the contents, forms and development of these contracts will be discussed.This paper consists of four parts. Part one discusses the categories, components and changes of sales contracts. According to different entities, sales contracts can be divided into paddy field deals, land deals, forest land deals, housing transactions and pond deals, etc. Among these, the contract of forest land deals can be made by both the planter and the owner. However, the owner can covenant for mountain only, plants only or the whole forest land. In addition, the contracts signed by the sellers, buyers and other participants are various. Maybe, all contracts changed in contents and forms between Qing dynasty and the Republic, but the Tianzhu documents are different from those of Huizhou.Part two clarifies the categories of pawn contracts, presents covenanting dates and the redeeming deadline, and expounds the handling situation of real estate pawn. The changes of pawn contents from Qing dynasty to the Republic can also be listed. The differences between the Huizhou and Tianzhu documents are embodied in redeeming deadline and the handling of pawn entities.Part three discusses the loan contract from its categories, ways of capital and interest payment and real estate mortgage. Depending on borrowing things, loan can be divided into money loan and entity loan. Different ways of payment reflects the flexibility of economic relation in villagers’ livelihood. In order to make out a loan contract successfully, the villagers pledge some property. And, many handling methods will be needed in this process. At meanwhile, loan without pledging exists among relatives and friends. It is worth noticing that there is an intermediary in some loan contracts.Part four superficially explores the exchange contract composed by contracts kept by both sides and a contract kept by one side only. Once an inequality of the exchanged real estate appears, the owner who suffers from profit loss can be compensated. Land exchange is involved among villagers when land fragmentation develops for many reasons. In this way, the villagers can get several pieces of land together and make good use of them. As for these two kinds of contracts, the people in Tianzhu area tend to take the second one when they exchange some real estate such as land.