唐代女性继承制度研究

发布时间：2018-08-23 11:00

【摘要】：唐代继承制度较前代更完善,其中唐代女性在经济上具有相对独立性,对于家庭财产也在特定情况下具有部分支配权,唐代法律和民间习惯都承认和保护女性正当的继承权益,而就唐代女性而言,不同身份不同情况下的女性继承权益又不相同。唐代继承包括身份性继承与财产继承,身份性继承又包括宗祧继承、爵位继承与食封继承。唐代一般女性所能继承到的仅仅是作为家庭财产的部分,通过法定继承与遗嘱继承实现。唐代在室女的财产继承主要是依托作为自己嫁妆的家庭财产部分而存在的,同时,这一部分财产的多少又依户绝与非户绝情况而各不相同。对出嫁女而言,她在娘家的继承权就仅限于出嫁时所获得的妆奁,在夫家的继承则主要限于夫亡时的场合。此外,被继承人对于继承人的遗嘱也非常重要,女性通过遗嘱所获得的继承权益之大小,往往取决于被继承人对她的喜好程度。本文所谓唐代特殊身份的女性主要指妾和皇室女性、贵族命妇,前者的权益较一般女性更没有保障,其继承权益主要体现在被继承人的遗嘱上。后两种身份的女性属于唐代上层,她们在一般女性所能取得的财产继承之外,还拥有某种身份性继承权益。
[Abstract]:The inheritance system of the Tang Dynasty is more perfect than that of the previous generation. Among them, the women in the Tang Dynasty have relative independence in economy, and also have part of the controlling power over the family property under certain circumstances. The laws and folk customs of the Tang Dynasty both recognize and protect the legitimate inheritance rights and interests of the women. As far as women in Tang Dynasty are concerned, the inheritance rights and interests of women under different status and different circumstances are different. The inheritance of Tang Dynasty includes the inheritance of identity and property, the inheritance of clan system, the inheritance of title and the inheritance of food seal. What the average woman can inherit in Tang Dynasty is only as the part of family property, which is realized by legal succession and testamentary succession. The inheritance of property in the Tang Dynasty mainly depends on the part of the family property as one's own dowry. At the same time, the number of this part of the property is different from that of the non-household. For a married woman, her inheritance right in her mother's family is limited to the dowry she obtained when she was married, and her inheritance in the husband's family is mainly confined to the occasion of her husband's death. In addition, the will of the heirs is also very important. The size of the inheritance rights that a woman gains through a will often depends on the degree of preference the deceased has for her. The so-called special status of women in the Tang Dynasty mainly refers to concubinage, royal women, aristocratic order women, the rights of the former than ordinary women more unprotected, its inheritance rights and interests are mainly reflected in the will of the heirs. The latter two kinds of women belong to the upper class of Tang Dynasty.
【学位授予单位】：华东师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D923.5;D929

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