英文摘要 |
This paper focuses on the judicial decisions of the Daliyuan about widows' rights and obligations toward legacy of husbands. According to the traditional Chinese family property law, a widow could at most be qualified to manage her husband's legacy rather than become his successor, and her ability to manage depended on the following conditions: whether she was remarried, whether she had sons, whether her sons become adults and whether her husband had made another arrangements about his legacy. It's worthy to examine if this situation changed with the reception of Western legal system or the social evolution in the early republican period, and the judicial decisions of the Daliyuan provide a wonderful approach for researching. The Daliyuan was theoretically the supreme court in the early republican period, but it must also play the role of the legislator for the sake of the uncompleted legal circumstances. Through its decisions about rights and obligations of widows toward the legacy of husbands, we can observe the process of the evolution of the widows' property rights in the one hand and see the roles and situations of widows in the families. We find that Daliyuan obeyed the traditional Chinese Law and recognized that a widows could only be qualified to manage her husband's legacy and couldn't become her husband's successor in the on hand, but expanded and guarded her rights to managing his husband's legacy by means of the relevant Western legal institutes. Its decisions also influenced the second draft of Civil Law in 1926. In the whole, the Daliyuan was competent in its era. |