摘要
宋元时期,赘婿财产继承权的流变,其“流”在于既按照律法的规定,注重赘婿的养生送死、继立门户的家庭义务,同时又维护“财不出族”的财产继承原则;其“变”在于将在室女所招之赘婿细分为四种;赘婿财产继承要件在“户绝”“绍立家业、养老送终”的基础上,增加了“订立婚书并言明养老”作为赘婿财产继承新的要件。与此相应,赘婿财产继承纠纷解决的主要依据由“情理”转变为“婚书”;赘婿财产继承的范围不断扩大。宋元时期赘婿财产继承权得以确立的原因在于赘婿的法律地位得以提升。但在现实生活中,中国传统社会浓厚的道德伦理束缚住了赘婿财产继承权的进一步发展,使得其始终没有彻底成型。因为在这种流变的背后,深受中国古代夷夏观念的影响,也是男权社会中变态婚姻的必然结果,同时,更是中国传统法律与儒家思想互为表里,维护“宗法制度”的具体体现。
In the Song and Yuan Dynasties of China,the right of inheritance of the son-in-law was inherited and changed compared with the previous dynasties.It followed the previous dynasties in that,according to the law,the son-in-law needed to undertake all the obligations of his wife’s family,such as supporting the elders of his wife’s family,seeing off the dead elders of his wife’s family,and carrying on the lineage of his wife’s family.At the same time,it was necessary to ensure that the property of the wife’s family could only be transferred and inherited within the family.The changes compared with the previous dynasties were as follows:firstly,the types of the son-in-law are subdivided into four types;secondly,the new conditions had been added to the property inheritance of the son-in-law,that is,a written marriage agreement needed to be concluded,in which the son-in-law had the obligation to support the elderly for his wife’s elders.Accordingly,the main basis for deciding the disputes over the property inheritance of the son-in-law had changed from the reason and custom of the previous dynasties to the written engagement.The scope of the property that the son-in-law could inherit was also expanding.In the Song and Yuan Dynasties,the right of inheritance of the son-in-law was established because the legal status of the son-in-law was improved.However,in real life,the moral ethics of traditional Chinese society limited the further development of the right of inheritance of the son-in-law,making it not completely stable.The reason for the above situation was that the Chinese society at that time was deeply influenced by the traditional concepts and regarded the son-in-law as an abnormal marriage object in a patriarchal society.This situation was also the result of the interaction between Chinese traditional law and Confucianism to maintain the patriarchal system.
作者
杨晋
Yang Jin(School of Marxism,Liupanshui Normal University,Liupanshui 553004,China)
出处
《六盘水师范学院学报》
2022年第5期80-88,共9页
Journal of Liupanshui Normal University
关键词
赘婿
财产继承权
宗法制度
继承要件
son-in-law
property inheritance
patriarchal system
inheritance requirements
