The Archive · 1929

First Attempt at a Code

The first attempt in the way of embodying a section in the code that had the semblance of civil law, was made in the Tang era. But was #0 limited in. its application that it could scarcely be called a code, inasmuch as it had reference only' to four subjects, namely law of census or law of poll tax, land, matrimony, and debts, Tt must not, however, be presumed for one. moment that the country had really been without a civil code, for as a matter of fact, it had an unwritten law, sanctioned by custom fand usages and having the force ct law, Secondly, different trades, Ihave from time immemorial, grouped together in guilds, and each of them has been permitted to make its own roles, regulations and bylaws {governing its.memberg and. their business. These guild" regulations in time assumed the force of law. to which were amenable all engaged in that particular trade. For ex-simple, the bankers! guild developed set of rules relating to bills of exchange, bank orders issued by its members, and the question of liability of the partners was likewise fixed by the trade regulations Numerous other instances may ited. But, these rules were sore or less of local character, which ight not be applicable to adjoining lets, Local custom and usages had the effect of fixing private rights and obligations..In many parts of the country a foster son could not in-his foster parents' estate, but me way as the latter's own son.

The trade regulations. and local custom, which usually differ from those existing elsewhere, and which may be peculiar to a particular locality, are nevertheless recognized and given effect, lif [Chinese courts.

This very crude and_primitivg system could only have existed at. a period when the people, for want of communications, did' not have any. inter-county" comnieree and transactions, and when all. come mercial dealings were limited that of a local nature. "Nor did. the people Teel any discomfort in the absence*of a civil code, inasmuch civil rights and Viabhities were adjusted for them by some custom with which they were familiar, the people were satisfied.

Text read from the printed page and cleaned; old type leaves the occasional error.

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