整体交换机制下的出嫁女继承权分析-analysis of married womens inheritance rights under the overall exchange mechanism.docxVIP

1 1 Abstract Family played a key role in social structure of traditional China. The right of inheritance of married woman had always been severely restricted. As the concept of gender equality prevailed in modern times, the protection of property rights of woman has been increasingly emphasized. The principle of sexual equality on inheritance has been formulated by modern law, nevertheless, the right to inherit of married woman in the vast rural areas has still existed in name only. In those regions, people prefer to inherit by tradition rather than by law. On the legal principle of sexual equality on inheritance, “total exchange” can be a proper explanation of why the traditional custom was maintained. On the principle of “total exchange”, the married woman waives her inheritance to her parents’ property as well as her duty to support. As an exchange, the married woman as a daughter-in-law gains the same right as her husband to inherit from her parents-in-law and burdens herself with the duty to support accordingly. In practice, the married woman obtains a small amount of dowries only when she got married. But as a daughter-in-law, she may be compensated from inheriting the most property of her parents-in-law through dividing up and living apart. Through an exchange of inheritance between daughter and daughter-in-law, the inequality caused by custom could be re-balanced. In contrast to traditional custom, “total exchange” is a convenient tool for right exchange that premised upon legal right of inheritance owned by married woman. It is significant to realize it to elevate woman’s social status. The intrinsic reason of total exchange of inheritance consists in its economical rationality that it may save transaction costs for its unilateral mechanism rather than bilateral mechanism rendered by modern law. Traditional rules are economically superior and in conformity to rational choice theory. In addition, the married woman would pay heavy price if she claims her righ