2005 Fiscal Year Final Research Report Summary
The ground studey of the obligation history in the Mi ddle Ages in Japan
| Project/Area Number |
14510379
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Japanese history
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| Research Institution | National Museum of Japanese History |
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Principal Investigator |
IHARA Kesao National Museum of Japanese History, Instruction, 研究部, 教授 (20311136)
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| Project Period (FY) |
2002 – 2005
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| Keywords | obligation history / shichiken no ho / 0.5x laws in cash loan / obscure nature of prouerty / immature of foreclosure idea / double payback / 売買と貸借の未分化 / 利息総額主義 |
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| Research Abstract |
1 An examination of the function of such loan certificates as shichiken and nagashijichi mongon shows that, In actual practice, pledges were not forfeited when the deadline passed and loan certificates themselves did Not demonstrate binding force like nagashibumi There was a local law dealing with pledge certificate, called as shichiken no ho and, as long as debtors had the intention to repray an obligation or make redemption, the creditor had the obligation to return the pledged item, hostage or pledge certificate. This law also applied to warrior law and became incorporated in the law of the imperial court that Obestate proprietors.
2 Uketorijo, or hensho, have been understood heretofore solely as documents that simply functioned much like present day receipts : and a more technical analysis of them has yet to be done. In this article, the author diacusses the function of these documents in medieval japan, in order to clarify the process of their formation and show that concepts of giving and receiving at the time were very much different from our ideas today. The author confirms that contrary to commonly-held views, medieval uketorijo functioned in the area of debt, much like documents of entrustment or loan certificates, due to aweak perception of private ownership, leading to the use of uketorijo in the receipt of goods,no matter who owned them.
3 Interest limitation laws in the Middle Ages did not limit the interest rate but functioned as laws that Limited the total amount of interest to the amount of the principal and,besides that 0.5x, laws in Agesen(cash loans) functioned to restrict the total amount of interest to one-half of the principal. 1 point Out, therefore,that there was diversity in loan practices including 1.5x repayment laws, 0.5x repayment laws and minimum repayment laws.
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[Book] 中世寺院と民衆2004
Author(s)
井原 今朝男
Total Pages
309
Publisher
臨川書店
Description
「研究成果報告書概要(和文)」より
