On the Default clause of loan contract in Tang Dynasty
ZHANG Li-xia;ZHANG Wei-hua;School of Law, Zhengzhou University;
Loan contract is an important type of contract in the Tang Dynasty, and the default clause is an important part of loan contract. By analyzing 68 special default forms and default liability forms of loan contracts in the Tang Dynasty, this paper firstly draws the conclusion that delayed performance is the main default form of loan contracts in the Tang Dynasty, and there are two types of definite and unclear terms of performance. Secondly, by comparing the legal system and contract text agreement of the Tang Dynasty, it can be seen that the default clause of the loan contract in the Tang Dynasty developed under the framework of the legal system of the Tang Dynasty, but in the specific operation process, many folk conventions gradually formed, thus enriching and enriching the content of the contract default clause in the Tang Dynasty.
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