摘要
唐代实行诸子均分家产的财产继承制度。为了捍卫这种维护宗族延续的财产继承制,《唐律疏议》明确规定"即同居应分,不均平者,计所侵,坐赃论减三等"。虽然唐代这种"析产制"严格遵循"男尊女卑,以男为先"原则,但女性尤其在室女在法律上也享有财产继承权,这种财产继承权对男性继承权的独尊地位构成了挑战。作为一个特殊的群体,唐代在室女在非户绝与户绝两种情况下,均享有财产继承资格;无论是国内还是国外死商家庭,其在室女也都享有财产继承地位。关于唐代在室女财产继承权的探讨与研究,对当代女性财产继承法制建构与完善具有重要历史参照意义。
The system, which property was inherited by sons in equal share, was implemented in Tang Dynasty. In order to defend this system of property inheritance, which maintained the clan lineage, Comments on Tang Code clearly states ＂Each of the family members, young or old, who live together, should be given the equal share of the inhertance; if not, the family should be punished as slight embezzelment.＂ Although the ＂property partition system＂ in Tang Dynasty strictly followed the ＂sexist and male-first＂ principle, but women, unmarried women in particular, in the law also had the fight of inheritance, which posed challenge to the dominated position of property inheritance right for men. As a special group, the unmarried women from non-heirless households and heirless households in Tang Dynasty were entitled to inherit property; in the family of dead family at home or abroad, the unmarried women also enjoyed the status of property inheritance. The discussion and exploration of property inheritance of unmarried women in Tang Dynasty has important historical significance for the construction and improvement of the legal system of female property inheritanee.
出处
《克拉玛依学刊》
2014年第1期36-41,共6页
Journal of Karamay
基金
海南大学"211工程"重点建设专项经费资助成果课题"当代法制的历史资源"(Hj20130525)阶段性成果之一
关键词
唐代在室女
析产
户绝财产
死商财产
unmarried women in Tang Dynasty
property partition
household heirless property
the property of dead merchants
