北宋的嫁妝法律條款 -基於法律文本的考察-

서지정보

· 발행기관 : 중국사학회
· 수록지 정보 : 중국사연구 / 59호 / 31 ~ 50페이지
· 저자명 : 高楠

초록

There was no independent legislation on Marriage Property in legal system of Song Dynasty. But the rulers of Early Song Dynasty had been promulgated to regulate about dowry in Household Division and Funeral laws of Song Xing Tong. After entering Song RenZong and Song ZheZong , The amount of dowry regulations increased more and more. The property of daughter which was called family property in Household Division. But as every individual all knew, its features and targets and functions was dowry. It could be taken as the result of the property flow. According to its content, dowry regulations could be classified as no‐son family and Had Male Offspring’family. It was different that the ways, the programs, the species, the amount and the proportion to get dowry for the daughters of no‐son family in Song Xing Tong. In the Late Mid‐Northern Song Dynasty, law revision of dowry was on the Basis of Testamentary Succession in preference. So the order and the share of succession and the prerequisite to in heritance of daughters of no‐son family had changed. Meanwhile, Category and Quantity of the heir was more than before, such as married aunts, married sisters and married nieces became the Successor of no‐son family. The order of these heiresses was priori to heir. But the share of succession of heiresses was much lower than heirs and the land of no‐son family was to be exclusion out. The Legislative System of property of no‐ non family had a fairly good operability. At the same time that could promote to control the redistribution of social wealth by the use of law. This way was not only out of the human’s emotional need to show consanguineous affection to their female offspring but also to resolve the problem of providing for the aged elders. Based on these analyses, the right of Inheritance of Ming Ji Zi became a new problem, when and why it was confirmed in legal form. The deep going research for the subject, it can offered the new observation angle for studying the development vein of legislation on Marriage Property of Song Dynasty and civil laws of Ancient China.

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