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Research On Song Dynasty’s Property Inherited Forms Of Unrepeatable Family

Posted on:2014-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:L J ZhuFull Text:PDF
GTID:2256330401478290Subject:Legal history
Abstract/Summary:PDF Full Text Request
Song dynasty’s inherited forms can be divided into two types: one is theinheritance of status, including family line inherited knighted inheritance, the other isthe inheritance of property, inheritance of the family line is the ritual inheritance,according to the patriarchal system in each lineage allegiance or entropy Sun in orderto enjoy the inheritance rights of the family line, the knighted inheritance is theinheritance of the title salary of inheritance refers to the inheritance of family property.In this paper,《Famous Qing Ming》 Family Without Inheritance disputes recordedcase study material, analysis of the Song Dynasty Family Without Inheritancesystem。The Family of song without property’s main inherited form is daughter(including in Virgo, owned by Daughters, married female), adoptive child, andrelatives who living together pro inheritance rights, but there is no cases aboutrelatives inheritance rights in the《Famous Qing Ming》, this article does not discussabout them, but rather focus on analysis of the rights and life of the daughter of theOrder of the Song Dynasty Family and adoptive child inheritance rights in the processof deciding a case practice, explore the connotation of the system of the Song DynastyFamily Without inheritance。Song Dynasty women’s property bearing the nature of theseparation of powers, as well as problems in the operation, incidentally analysis standard for Judgment officials in dealing with households must successiondisputes,to have a more comprehensive understanding of the system of absoluteproperty of the Song Dynasty households。There is no paper focus on study the system of property inheritance, only two arejournal articles:Du dong 《Song dynasty family without inheritance system》,anotheris Wei tian an 《The law of the family without inheritance system》。Du’s paperinvolved in the home must define the problem as well as the Song Dynasty FamilyWithout inherit system, but it is very short, and the problem is not exhaustive。 Weitian an’s paper is even shorter and also considered to be discussed under the FamilyWithout inheritance system, and women’s right to inheritance, discusses the slightlycramped, arguments insufficient. Wei tian an’s essay "Song Family Without barpenetration test," a comprehensive account of the policy responses of the SongDynasty Government property, in addition to the system of property inheritanceexposition of the Family Without households must also involve field calibration,households must Tian Order of the tenant households must Tian betrayed, discussed inbrief。 There is no special Dissertations monograph system discussed in the SongDynasty Family Without property inheritance system. Family Without System lackreasons why we all households must be discussed in the classified system of propertyinheritance system of property inheritance, and ignore it special。For many academic confusion Family Without the concept, legislation thestepson (including adopt a child) and widows to be regarded as the Family Without, aswell as for the nature of the cohabiting the total fiscal family room died out statusdetermination unclear, this article will clear an households absolutely true meaning of"Qing Ming" case study Song woman to withstand nature of the property, as well asthe Song Dynasty Family Without inheritance system between the order of thesub-order of the sub-share relationship。This paper is divided into two parts, including the introduction text. Theintroduction to the topics of clear this reason, research methods, and related academicreview, and the case of "Qing Ming" clearance households never connotation, to pavethe way for the commencement of the text. The body part is divided into three chapters:First, combined with historical data and Famous Qing Ming "case analysis of theproperty of the woman in the case of the Family Without withstand rights fromlegislative changes to the situation of the woman in the judicial practice, are all to beanalyzed,and analyze the nature of woman is exposed to property rights, the Songwoman in the household must state a larger property under share, like a man’s right toinherit property, it is impossible to obtain in the nature of a pure property interests。Chapter two, combined with the "Qing Ming" case analysis of the case of theFamily Without life stepson inheritance system. Life following the departure of therelationship between the legal rights of the child and the actual Judgments officialstandard for Judgment to explore life to following sub Inheriting system developed atthe national differences that exist with the local customs law level, combined withabove analysis house family Without the presence of women in the room, their shareof property in proportion to the allocation, as well as the mutual influencerelationship。Chapter three, summary of issues embodied in the Song Dynasty Family WithoutInheritance system, to try to resolve the Song Dynasty Family Without Inheritance ofthe special features of the system and its reflected in practice。...
Keywords/Search Tags:Song dynasty, Unrepeatable family, Propertyinheritance
PDF Full Text Request
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