Private lending is common in our daily life.We research the private lending in the early period of the Republic of China in this paper.The statutory code has not been promulgated in the specific period,the official supervised the judicature and the folkactivities through cases.This paper is based on the<The precedent Summary compilation of theDali Yuan>which contains the legal precedent related to the loan.The research included the interest rate in the lending,the credit guarantee and the pledge and the mortgage in the lending.We also analysis thepawning rights and debtresemption.By comparatively studying the above-mentioned contentsof the above content,this paper make some conclusions about private lending.Although the official jurisprudence in the private lending did not quite fit in the customary rule.,but most of themunified and restrain the private lending together.The jurisprudence of Dali Yuan on lending has played a major role in the legislation,and the cases of private lending activities has also adjustmented the legal gap. |