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破产,是债务人全部资产无力偿还到期债务的一种经济状况。唐以降,历代王朝律令中对“负债违契不偿”而产生债务违约(破产)问题都有所规范。仔细检视其立法逻辑,实际上是一种保护债务人的不平衡机制。这种不平衡机制主要基于现实生活中债权人与债务人的不平等而设立,与小农社会中日常生活借贷相适应。18世纪中期以后,伴随着商品经济繁荣,商业经营风险也日趋增加,部分商贸领域破产案频繁爆发。商业
Bankruptcy is an economic situation in which all assets of the debtor are unable to repay debts as they fall due. The Tang dynasty decreed that the dynastic decrees of the previous dynasties regulated the issue of debt default (bankruptcy) arising from the “indebtedness of indebtedness”. A careful examination of its legislative logic is in fact an imbalance mechanism that protects the debtor. This imbalance mechanism is mainly based on the real-life inequality between creditors and debtors and is compatible with the daily life of smallholder farmers. After the middle of the eighteenth century, along with the prosperity of the commodity economy and the risks of commercial operation, the bankruptcies in some commercial areas frequently broke out. business