明代婦女財產(chǎn)權(quán)的處分
發(fā)布時間:2018-09-07 20:00
【摘要】:明代婦女變賣、處分妝奩嫁資等動產(chǎn)主要用于助親人經(jīng)商,供丈夫、兒子讀書,維持家計,奉養(yǎng)親人治病、喪葬之用。婦女參加經(jīng)濟活動的范圍和種類比之前代更為進步。在各類民間的契約文書中,亦不乏婦女參與各種田宅買賣之事。當(dāng)家中面臨突發(fā)危難或缺少錢糧、守節(jié)生活困難、夫長年在外籌措經(jīng)商之資、還債、繳納賦稅等不得已的情況時,當(dāng)家的女性尊長不得不典賣家中田土戶宅等產(chǎn)業(yè);倘若父、祖俱亡,家庭地位最尊的女性尊長也可取得析分家產(chǎn)的權(quán)利;夫死子幼、夫經(jīng)商在外等因素都可能使婦女對夫家財產(chǎn)有相當(dāng)?shù)奶幏謾?quán);而對財產(chǎn)的處分通常以同賣、主盟等間接方式進行。明代婦女經(jīng)濟地位不僅有所提高,其法律等各個方面的地位也隨之提升,而且她們已逐步擺脫男性限制的范圍,已有較多的自我意識及主宰自我命運的能力,顯現(xiàn)出明代女性肯定自我的積極意識萌芽。
[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.
【作者單位】: 清華大學(xué)法學(xué)院;
【分類號】: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.
【作者單位】: 清華大學(xué)法學(xué)院;
【分類號】:D929;K248
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