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研究作为重要法律文书的房地产契约,有助于理解房地产法律规范的实际运作情况。以法学的视角解读清末房地产契约,可以更好地了解现代房地产的交易活动。对清末房地产契约的分析表明,房地产交易立契依赖于第三方,政府对交易管理是间接而有效的,但民间交易之信用意识却较差。因此,现代法制环境下应重视现代契约法律文化之构建,维护交易立契的信用体系,以促进房地产市场的规范化发展。
To study the real estate contract as an important legal instrument helps to understand the actual operation of real estate law and regulation. Interpreting the real estate contract in the late Qing Dynasty from the perspective of law can better understand the trading activities of modern real estate. The analysis of the real estate contract in the late Qing Dynasty shows that the real estate transaction depends on the third party, the government is indirect and effective on the transaction management, but the credit awareness of the non-governmental transaction is poor. Therefore, under the modern legal environment, we should pay attention to the construction of law and culture of modern contract and maintain the credit system of transaction and lease, so as to promote the standardization of the real estate market.