论西夏养子的类型及其社会地位
发布时间：2019-07-10 15:43
【摘要】：以西夏法典、传世文献和出土文书互相印证,对西夏养子的类型及社会地位等问题进行分析,发现西夏养子以同宗养子与异姓养子两种类型为主,同宗养子的对象主要是族亲尤其是兄弟之子;异姓养子是同胞姐妹之子与母舅之合适子弟。养子身份变更需要一定的条件,同宗养子需要改籍,异姓养子需要改姓并改籍。养子与收养家庭确立稳定的拟制血亲关系,养子义务与亲子相同;当收养家庭无己子时,养子拥有完全的财产与其他权利继承权,收养家庭同时有己子和养子时,己子继承优于养子,养子只有不完全的财产继承权。西夏养子问题反映了党项民族自身的社会特色。
[Abstract]:Based on the mutual verification of Xixia Code, the documents handed down and the unearthed documents, this paper analyzes the types and social status of Xixia adoptive children, and finds that Xixia adoptive children are mainly adopted children of the same family and the adopted children of the same family, especially the sons of brothers and brothers, and the adopted sons of compatriots and sisters are the suitable children of their mothers and uncles. The change of adoptive son identity needs certain conditions, the adopted son of the same family needs to change his nationality, and the adopted son of different surname needs to change his surname and domicile. The adoptive child and the adoptive family establish a stable hypothetical consanguineous relationship, and the adoptive child has the same obligations as the parent-child. When the adoptive family has no children, the adoptive family has the complete inheritance rights of property and other rights. When the adoptive family has both its own son and adoptive child, the adopted son inherits better than the adoptive son, and the adoptive son has only incomplete property inheritance rights. The problem of adopting children in Xixia reflects the social characteristics of the party and the nation itself.
【作者单位】： 西北大学历史学院;
【基金】：国家社会科学基金重大项目“多卷本《中国宗族通史》”(项目编号:14ZDB023)的阶段性成果
【分类号】：K246.3
，
本文编号：2512700
[Abstract]:Based on the mutual verification of Xixia Code, the documents handed down and the unearthed documents, this paper analyzes the types and social status of Xixia adoptive children, and finds that Xixia adoptive children are mainly adopted children of the same family and the adopted children of the same family, especially the sons of brothers and brothers, and the adopted sons of compatriots and sisters are the suitable children of their mothers and uncles. The change of adoptive son identity needs certain conditions, the adopted son of the same family needs to change his nationality, and the adopted son of different surname needs to change his surname and domicile. The adoptive child and the adoptive family establish a stable hypothetical consanguineous relationship, and the adoptive child has the same obligations as the parent-child. When the adoptive family has no children, the adoptive family has the complete inheritance rights of property and other rights. When the adoptive family has both its own son and adoptive child, the adopted son inherits better than the adoptive son, and the adoptive son has only incomplete property inheritance rights. The problem of adopting children in Xixia reflects the social characteristics of the party and the nation itself.
【作者单位】： 西北大学历史学院;
【基金】：国家社会科学基金重大项目“多卷本《中国宗族通史》”(项目编号:14ZDB023)的阶段性成果
【分类号】：K246.3
，
本文编号：2512700
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