Font Size: a A A

Research On The Problem Of Property Inheritance In The Song Dynasty

Posted on:2021-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z L ZhaoFull Text:PDF
GTID:2415330620463745Subject:Legal history
Abstract/Summary:PDF Full Text Request
The son-in-law,also known as "the son-in-law on the doorstep",has existed as a variation of the traditional marriage form since the pre-Qin period.Because the husband came to the home of the daughter,the status of the ancient son-in-law on the doorstep in the family and society is very humble.As a special status in family life,the husband in charge of the production,management,pension and other family responsibilities and obligations to a certain extent,but in most cases,he does not enjoy the corresponding rights,especially in property inheritance,resulting in family conflicts and disputes are numerous.Although with the change of the dynasty,influenced by the changes of social politics,economy,culture and many other environmental changes,the obligations and rights of the husband in the family life are also changing,on the whole,the status quo of the husband's low status has not changed until the Song Dynasty.With the economic development of the Song Dynasty,human customs and social atmosphere are constantly changing.The phenomenon of "attracting redundancy" is particularly common in the Song Dynasty.Most of the redundant marriages are due to the poverty of the man's family,unable to bear all kinds of expenses under the normal marriage form,but only to choose to enter the house,of course,there are other reasons to enter the family.Because of the prevalence of the phenomenon of redundant marriage and the increase of the number of redundant sons in law,there are more and more inheritance disputes between the redundant sons in law and the original heirs of the family.Therefore,the legal system of Song Dynasty made the corresponding legal provisions for the first time aiming at the property inheritance of the redundant sons in law.In Song Dynasty,there were two types of husband's dowry,one was in the room and the other was in the widow.Because of the different types of husband's dowry,they had different family responsibilities in the family,so their inheritance rights were also different.The inheritance right of the housewife's son-in-law is often affected by other heirs of property in the family.There is a very big difference between the two families,the family with no family and the family without no family.The widow's right of inheritance is mainly affected bywhether the widow has children or not.Generally speaking,the property inheritance right of the housedaughter is far greater than that of the "son-in-law",and it is also easier to produce more complex contradictions and disputes in the process of family property inheritance.In the Song Dynasty,the phenomenon of redundant son-in-law was particularly prosperous,and the relevant redundant son-in-law system also changed significantly compared with the previous generation,especially the inheritance rights of redundant son-in-law were stipulated for the first time in the legal system.This can not only see the expanding trend of the inheritance right of the husband's property,but also reflect the recognition of his status and status in society and family in Song Dynasty.What's more,from the inheritance right of the son-in-law,it can be seen that the inheritance of the patriarchal clan and the inheritance of the property begin to separate.The inheritance of the property is no longer simply an accessory of the inheritance of the patriarchal clan,which further reflects the system of the patriarchal clan temple in the traditional society,which is also changing with the development of the society.In modern society,due to the influence of the one-child policy,the problem of aging is becoming more and more serious.In order to solve the pressure of production,life,and pension problems in the family,the phenomenon of recruiting the son-in-law to come to the house is also increasing.The problem of family property inheritance caused by this has become more and more complex.Therefore,the study of the inheritance of the son-in-law's property in Song Dynasty can not only find its important influence on the perfection of the relevant system of the son-in-law in yuan,Ming and Qing Dynasties,but also enlighten how to solve the problem of the inheritance of property similar to the son-in-law's family in today's society.
Keywords/Search Tags:Song Dynasty, Son-in-law property, inheritance
PDF Full Text Request
Related items