英文摘要 |
This article aims to analyze the rights of parents to manage the property of the children in the early Republic of China. By means of the judicial Precedents of Daliyuan, the Supreme Court in the Early Republic of China, we can witness the changes of parents’ and chil-dren’s legal status as well as the changes of the mutual relations among the father, the mother and the children in the family. In our point of view, Daliyuan made use of the institutes of parental rights and guardian to legalize one’s rights to manage the children’s proper-ty. The judicial Precedents of Daliyuan about this issue influenced the Second Draft of Chinese Civil Code. As a whole, Daliyuan com-bined the traditional legal system of China and the modern one from Europe successfully and its contributions are to be greatly evaluated, in spite of some evident flaws due to the fundamental differences between two legal systems. |