明代妇女财产权的处分
发布时间：2018-09-07 20:00
【摘要】：明代妇女变卖、处分妆奁嫁资等动产主要用于助亲人经商,供丈夫、儿子读书,维持家计,奉养亲人治病、丧葬之用。妇女参加经济活动的范围和种类比之前代更为进步。在各类民间的契约文书中,亦不乏妇女参与各种田宅买卖之事。当家中面临突发危难或缺少钱粮、守节生活困难、夫长年在外筹措经商之资、还债、缴纳赋税等不得已的情况时,当家的女性尊长不得不典卖家中田土户宅等产业;倘若父、祖俱亡,家庭地位最尊的女性尊长也可取得析分家产的权利;夫死子幼、夫经商在外等因素都可能使妇女对夫家财产有相当的处分权;而对财产的处分通常以同卖、主盟等间接方式进行。明代妇女经济地位不仅有所提高,其法律等各个方面的地位也随之提升,而且她们已逐步摆脱男性限制的范围,已有较多的自我意识及主宰自我命运的能力,显现出明代女性肯定自我的积极意识萌芽。
[Abstract]:In the Ming Dynasty, women sold, disposed of dowry and other movable assets were mainly used to help relatives to do business, for husbands and sons to read, to maintain family planning, to support relatives for medical treatment, funeral purposes. The extent and variety of women's participation in economic activity is more advanced than in previous generations. In all kinds of folk contract documents, there are also women involved in various land and house transactions. In the face of sudden distress or lack of money and food in charge of the family, difficulties in keeping the festival, and the husband who has been out for years raising business capital, paying debts, paying taxes, etc., the female elders of the household have to sell the property, such as land, house, and other property; if the father, All the ancestors died, and the female elders who had the highest family status could also obtain the right to separate the family property. Factors such as the death of the husband, the children of the child, and the husband doing business outside the country may all make the woman have a considerable right to dispose of the property of her husband's family; and the disposition of the property is usually sold with the same person. Main alliance and other indirect means. In the Ming Dynasty, the economic status of women not only improved, but also the status of their laws and other aspects of the rise, and they have gradually removed the limits of male limits, have more self-awareness and the ability to control their own destiny. It shows that the positive consciousness of women's affirmation of self in Ming Dynasty is budding.
【作者单位】： 清华大学法学院;
【分类号】：D929;K248
[Abstract]:In the Ming Dynasty, women sold, disposed of dowry and other movable assets were mainly used to help relatives to do business, for husbands and sons to read, to maintain family planning, to support relatives for medical treatment, funeral purposes. The extent and variety of women's participation in economic activity is more advanced than in previous generations. In all kinds of folk contract documents, there are also women involved in various land and house transactions. In the face of sudden distress or lack of money and food in charge of the family, difficulties in keeping the festival, and the husband who has been out for years raising business capital, paying debts, paying taxes, etc., the female elders of the household have to sell the property, such as land, house, and other property; if the father, All the ancestors died, and the female elders who had the highest family status could also obtain the right to separate the family property. Factors such as the death of the husband, the children of the child, and the husband doing business outside the country may all make the woman have a considerable right to dispose of the property of her husband's family; and the disposition of the property is usually sold with the same person. Main alliance and other indirect means. In the Ming Dynasty, the economic status of women not only improved, but also the status of their laws and other aspects of the rise, and they have gradually removed the limits of male limits, have more self-awareness and the ability to control their own destiny. It shows that the positive consciousness of women's affirmation of self in Ming Dynasty is budding.
【作者单位】： 清华大学法学院;
【分类号】：D929;K248
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2 储小e，
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