摘要
在中世纪的英格兰,贵族妇女根据普通法在不动产继承方面享有广泛权利,此前的盎格鲁—撒克逊时代更是被史家称为“妇女的黄金时代”。但是到中世纪后期,贵族妇女的不动产继承权却被大幅削弱。究其原因,在于此项权利危及封建主(landowner)家族地产的完整性,以至赖以存在的爵位(Title)和姓氏(Surname)难以传承,这对于封建主来说无异于断嗣,故而他们一次次规避普通法以剥夺妇女的不动产继承权。本文旨在探讨中世纪英格兰贵族妇女不动产继承权的演变,以及封建主竭力削弱此项权利的原因。
According to the common law, noblewomen enjoyed comprehensive rights on land inheritance in medieval England, and the period before Conquest is often regarded as ＂the Golden Age for woman＂ by historians. However these rights of noblewomen were weaken dramatically in the late Middle Ages, which could be mainly attributed to the fact that these rights of noblewomen had threatened the integrality of landowners＇ patrimony upon which it was built their the titles and surnames. In addition, land inheritance rights of noblewomen often resulted in extinct of the family name. So, for the interest of the whole family, landowners deprived noblewomen of their land inheritance rights by evading the common law time and again. This article discusses the development of land inheritance rights of noblewomen in medieval England and the real reason why landowners endeavored to impair them.
出处
《首都师范大学学报（社会科学版）》
北大核心
2005年第5期19-26,共8页
Journal of Capital Normal University：Social Science Edition
