明代妇女财产的来源.pdfVIP

2010 年7 月 妇女研究论丛 July. 2010 第4 期总第100 期 Collection of Women ’s Studies No.4 Ser.No.100 明代妇女财产的来源 张志超 （重庆文理学院 政法学院，重庆402160） 关键词：明代；妇女；继承；嫁资；捐赠 摘 要：在明代，妇女随着身份的转变或地位的不同，其继产权也随之改变。在室女即本家未出嫁的女儿，在明代法律的相 关规定下，只有在户绝时才拥有继承权；若本家非户绝，则仅可在出嫁时得一份嫁资。已出嫁的女儿在本家又有兄弟可继承的情 况下，很难拥有娘家的继承权。在家庭之内，在夫存之时，妻不存在财产继承权的问题，只有夫亡以后，依照夫亡愿守志者、夫亡 而改嫁他人者这两种不同的情形产生继产权。对于户绝之家，不论是否为在室女或出嫁女等，只要为死者亲女，皆可承父分。明 代妇女因系他人之赏赐、捐赠或救助亦可获得一定的财产。 中图分类号：DF521 文献标识：A 文章编号：1004-2563（2010）04-0064-08 Origin of Womens Property in the Ming Dynasty ZHANG Zhi-chao (School of Politics and Law at the Chongqing University of Arts and Sciences, Chongqing 402160, China) Keywords: the Ming Dynasty, women, inheritance, dowry, gifts and presents Abstract: In the Ming Dynasty, womens inheritance right changed along with the changes in their status and identity. For unmarried daughters, the Ming Law determined that they could only claim for their inheritance right when there was no one else left in the family. Otherwise, she could claim her share of family property through her dowry at the time of her wedding. A married woman often had no claim for her natal familys property especially when she had brothers. There were two circumstances in which a married women could claim for property after her husband passed away. One was when she decided to stay as a widow and the other was when she decided to remarry. In all, women in the Ming held property as they, whether married or unmarried, could share their fathers property, especially when there was no one else left in the family and also they were allowed to keep gifts and presents as their property. 明代