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在清代的民间契约中,“业”是用来表达财产权利的一个基本概念。它实际上被用来指称地权、田骨权、田皮权、永佃权、典权、股权、井权等一系列财产性权利,在观念上并不以对物的占有为核心,而以收益的权利为其基本内涵。与现代民法将财产权划分为物权和债权的体系相比较,业权似乎具有更大的包容性。清代的民间契约在业权交易中起着确认权利转移的作用,在交易之后则起着证明业权归属的作用。
In the Qing civil contract, “industry” is a basic concept used to express property rights. It is actually used to refer to a series of property rights such as land rights, land rights, land rights, tenancy rights, pawn rights, equity rights, and well rights. They are not conceptually centered on the possession of property. Instead, The right to income for its basic content. Ownership seems to be more inclusive than the system of classifying property rights into real and creditor’s rights in modern civil law. The civil contract in the Qing Dynasty played the role of confirming the transfer of rights in the transaction of title, and played the role of proving the attribution of ownership after the transaction.