The Research On The Right Of Inheritance Of Married-out Women In The Mechanism Of Total Exchange

Family played a key role in social structure of traditional China. The right of inheritanceof married woman had always been severely restricted. As the concept of gender equalityprevailed in modern times, the protection of property rights of woman has been increasinglyemphasized. The principle of sexual equality on inheritance has been formulated by modernlaw, nevertheless, the right to inherit of married woman in the vast rural areas has still existedin name only. In those regions, people prefer to inherit by tradition rather than by law. On thelegal principle of sexual equality on inheritance,“total exchange” can be a proper explanationof why the traditional custom was maintained.On the principle of “total exchange”, the married woman waives her inheritance to herparents’ property as well as her duty to support. As an exchange, the married woman as adaughter-in-law gains the same right as her husband to inherit from her parents-in-law andburdens herself with the duty to support accordingly. In practice, the married woman obtains asmall amount of dowries only when she got married. But as a daughter-in-law, she may becompensated from inheriting the most property of her parents-in-law through dividing up andliving apart. Through an exchange of inheritance between daughter and daughter-in-law, theinequality caused by custom could be re-balanced. In contrast to traditional custom,“totalexchange” is a convenient tool for right exchange that premised upon legal right ofinheritance owned by married woman. It is significant to realize it to elevate woman’s socialstatus.The intrinsic reason of total exchange of inheritance consists in its economical rationalitythat it may save transaction costs for its unilateral mechanism rather than bilateral mechanismrendered by modern law. Traditional rules are economically superior and in conformity torational choice theory. In addition, the married woman would pay heavy price if she claimsher right of inheritance. As a consequence, a rational married woman will renounce her rightdue to the cost of it. All of these inspired us that we should pay attention to feasibility whenwe legislate and correctly deal with the relation between law and custom. In reality, no onewill abide by law if there are high transaction costs.