从《名公书判清明集》看南宋赘婿的财产继承权

发布时间：2018-06-02 06:55

本文选题：《名公书判清明集》 + 南宋赘婿　；参考：《学术交流》2013年10期

【摘要】：南宋时期,赘婿作为妻家成员,在家庭经济中扮演着重要角色,但由于身为异姓,与妻之家族没有宗法血缘上的联系,非但不能享有宗祧继承权,而且在妻家财产的继承上亦处于一种尴尬地位。作为中国古代宗法制社会中的弱势群体,赘婿的社会地位和经济权利不仅受到传统习惯的限制,而且在很长时间内,法律对其也未加承认,其财产继承权在《宋刑统》中未曾被加以规定,这使得赘婿的财产权必须依附于其妻。但是,这种忽视赘婿劳动与贡献的做法是与实际的生活需要相违背的,因此,有宋一代的相关法律规定中,关于赘婿对于妻家财产的继承权利也随着社会的发展逐步作出了相应的调整,赋予赘婿对于妻家财产在一定程度上的继承权。赘婿对于妻家财产的继承权利主要通过法定继承或遗嘱继承来获得,司法官员在裁断此类案件时还会参酌事实情理加以权衡审定,具有原则性与灵活性并存、法律与情理并重的特点。
[Abstract]:In the Southern Song Dynasty, as a member of his wife's family, the son-in-law played an important role in the family economy. However, as a different surname, she had no patriarchal blood ties with his wife's family, so he could not enjoy the inheritance right. And in the inheritance of his wife's family and property is also in an awkward position. As a weak group in the ancient Chinese patriarchal society, the social status and economic rights of the son-in-law were not only restricted by traditional customs, but also not recognized by the law for a long time. The right to inherit property was not stipulated in the Song Dynasty, which made the property rights of the son-in-law dependent on his wife. However, this practice of neglecting the labor and contribution of the son-in-law is contrary to the actual needs of life. Therefore, in the relevant laws and regulations of the Song Dynasty, With the development of the society, the right to inherit the wife's family property of the redundant son-in-law has been adjusted accordingly, giving the redundant son-in-law the right to inherit the wife's family property to a certain extent. The inheritance right of the son-in-law to his wife's family property is mainly obtained by legal succession or testamentary succession. When adjudicating such cases, the judicial officials will also weigh the facts and reasons for examination and approval, which is both principled and flexible. The characteristic of paying equal attention to law and reason.
【作者单位】：北华大学法学院;
【分类号】：D929;D924

【共引文献】