| dc.description.abstract | Abstract
This study explores the relevant regulations and realities of real estate transactions during the Ming Dynasty. Regarding regulations, it first examines the criminal laws and imperial edicts issued by the early Ming rulers to grasp their governing principles and the impact of their regulations on the people. This provides context for understanding the legislative process behind real estate policies. It then looks at the regulations and penalties set for typical and illegal land/property transactions, as well as the building codes that had to be followed for constructing houses.
In terms of realities, based on the aforementioned regulations, imperial kinsmen, nobility, and officials usually obtained official residences by memorializing to the court. There were two main illegal means of acquiring housing: unauthorized construction and forcible occupation. The text lists examples of these, noting that offenders had to return illegal gains or have their property confiscated. It observes whether their housing constructions violated the old systems or legal codes, with government agencies and officials reporting such violations. The rulers, seeing the impact on social morals, would rectify and punish accordingly while reiterating ancestral regulations. Thus, for both real estate transactions and construction, there were already many cases violating the original legislative intent that could not be fully prevented by existing laws.
The study then draws on genealogies, novels and other sources to gain deeper insight into the causes, types and methods of transactions. Common causes were daily needs and poverty. Transaction types included buying/selling, inheritance, renting, pawning etc. Methods involved transactions within clans, posting public notices, spreading word through neighbors, or using third-party brokers to draw up contracts - illegal acts like forcible occupation, theft/fraud, or property abandonment could also occur resulting in disputes. Focusing on the economically developed Jiangnan region, it examines major real estate transaction records in local gazetteers. Finally, it analyzes real estate contract documents from Huizhou during the Wanli reign, observing basic property information, transaction processes, family roles etc. The aforementioned disputes are also visible in the contracts, presenting the most realistic transactional realities. | en_US |