Study on Dunhuang Adoption Documents in the Tang,Five Dynasties and Early Song Dynasty from the Perspective of Breach of Contract
As for the situations of breach of contract in the Dunhuang adoption contracts,the situation of adopted sons not filial to their parents followed the standard of filial piety in the sense of traditional legal culture and was mainly embodied in whether they could serve their parents well,while the agreement on the situation when parents did not treat their adopted sons well was conducive to protecting the rights of adopted sons,and presented the flexibility of specific rules in the order of civil contracts.In addition,the situations also included the refusal to perform contractual obligations.In terms of liability for breach of contract,there were penalties for breach of contract based on economic punishment and penalties for five evils based on spiritual punishment in Dunhuang adoption documents.On the basis of national laws and decrees,the adoption documents further restricted the right of terminating the adoptive relationship of all the parties to the contract,and stipulated the termination of the adoptive relationship as one of the consequences of breach of contract.Regarding the characteristics of breach of contract in adoption documents,the forms of liability for breach of contract were diversified,and folk rules occupied an important position and were in line with national laws and decrees.
Dunhuang contractadoptive relationshipsituation of breach of contractliability for breach of contract
NETL
NSTL
万方数据
