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題名 | 唐代的債務保人=Liability Guarantors in the T'ang Dynasty |
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作者 | 羅彤華; | 書刊名 | 漢學研究 |
卷期 | 16:1=31 1998.06[民87.06] |
頁次 | 頁59-90 |
分類號 | 584.2 |
關鍵詞 | 唐代; 保人; 債務保人; 留住保證; 支付保證; T'ang dynasty; Guarantor; Liability guarantor; Circumstantial guarantee; Dispensation guarantee; |
語文 | 中文(Chinese) |
中文摘要 | 唐代保證人的種類繁多,本文只就債務擔保中的保證人立論。債務保人的概念在 唐代始具體成形,它是傳統時代法制發展過程中,人們維謢債權,保障個人自身利益的一個 重要里程碑。 債務保人是指在債務人逃亡或身故,而不能履行債務時,為之代價債務的第三者,亦即 其主要負擔的是留住保證。該項制度的優點,在穩定債權債務關係。 促進社會經濟發展,同時,保人也不直接承擔債務壓力。債務保人在債務關係中可有可 無,視當事人之需要而定,但最多不超過五人。擔任保人者多是與被保人關係密切的親屬, 或與之相熟的鄰人、朋友。各保人的責任分擔方式,是以平均分攤為原則,於必要時才負連 帶責任。保人的償付次序,通常後於債務人及其共產親。保人的法律責任,以民事之留住與 代償為主,受刑事處分的不多。 |
英文摘要 | While many different types of guarantors existed during the T'ang dynasty, this article focuses in particular on liability guarantors. The liability guarantor concept developed during the T'ang dynasty was an important milestone in the process of the traditional judicial system in terms of the protection of entitlements and personal interests. A liability guarantor was defined as a third party who was bound to repay a debt in the event that the original debtor either absconded or passed away. The main advantage of this system was that it established a stable relationship between entitlements and liabilities, thus promoting social and economic development. Moreover, guarantors were not subjected directly to debt pressure. Liability guarantors were optional in liability relationships; the decision of whether or not to use them was based on the needs of the involved parties, and the maximum number of guarantors was set at five. Those who assumed the responsibility of serving as guarantor tended to be the warrantee's close relatives, neighbors or friends. Each guarantor shared an equal amount of responsibility, and only took on a fringe responsibility when necessary. Guarantors were not required to repay immediately when the debtor absconded or passed away, but rather to assume responsibility only if the debtor's assets fell short after liquidation. While liability guarantors were saddled with civil and criminal responsibilities, as long as the lender did not file a suit, guarantors had only to repay the debt, and were free from criminal prosecution. |
本系統之摘要資訊系依該期刊論文摘要之資訊為主。