Departmental Bulletin Paper 室町幕府雑務沙汰の形成と「借書」の効力
Legal Protection of Obligations under the Muromachi Shogunate: Enhancement of the Effect of a Signed Acknowledgement of a Debt

松園, 潤一朗

16 ( 2 )  , pp.1 - 32 , 2017-07-10 , 一橋大学大学院法学研究科
This article examines the legal proceedings of obligations(zatsumu-sata)of the Muromachi Shogunate that were created by the enhancement of the effect of a signed acknowledgement of a debt(shakusho)in society. In the Muromachi period, the development of a monetary and credit economy gave rise to the expansion of the transactions by the feudal lords, the financiers, the commons, and the suit for their rights, especially for the mortgage on the land urged the Muromachi Shogunate to establish the legal procedure of obligations. However, in Medieval Japan, the law of obligations has not obtained autonomy from the law of reality, the obligations protected in connection with the land or taxation system, which is a common characteristic of Japanese law before modern times.

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