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Research On The Poblem Of Chinese Women’s Right To Inherit The Property In Rural

Posted on:2016-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:F DongFull Text:PDF
GTID:2296330470954229Subject:Law
Abstract/Summary:PDF Full Text Request
The right of succession refers to one of the civil rights of natural person who enjoy the property of the deceased according to the law or the testament of the deceased. It is a right that a successor can acquire the property of the deceased without consideration according to the law. Basically, the right of succession is a type of property right which is different from other kinds of property rights and the personal rights with its own distinct characteristics. Chinese women’s right to inherit the property in rural areas being stipulated in the Constitution, Civil Law, Inheritance Law, Marriage Law, the Law of Women’s Rights and Interests and other relevant laws in the People’s Republic of China has been continuously developed and improved. But rural women have no equal right as men to inherit the property according to the Chinese convention. Only a man can inherit the whole property or business of family while a woman is not allowed to inherit it, which is in the conflict with the law in China to protect women’s legitimate interests. The right for a rural woman to inherit the property of the family appears as a legal capacity instead of a disposing capacity. No matter a woman is married or not, she always lives under the authority of the father and the husband and possesses no real right to dominate the property. Nowadays, it is a shared concern that that women’s right of succession which is vested by the law in our country is in conflict with the difficulty that such right is hard to be implemented in the real society. With the development of social economy and the improvement of people’s living standards, the protection of women’s right of succession should be full of profound and realistic significance. This paper is divided into three parts. The first part mainly researches on how the law in our modern country is affected by the thought of women’s right of succession in the ancient society by the historical investigation. The second part explains problems and plights of modern women’s right of succession by the analyses of the current and practice execution of modern women’s right of succession combing with the special case studies. Finally the third part illustrates the feasible suggestions about how we can effectively protect rural women’s right of succession through a study of comparison and analysis.
Keywords/Search Tags:Ancient women’s right of succession, Married women, Land rightsand interests, Equality of men and women, Implementation countermeasure
PDF Full Text Request
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