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古汉语中的“继”或“承”其本义是指由上而下的传递,因此传统社会中的“承继”主要是指男性直系卑亲属从父系长辈获得家族的宗祧和封爵,实际上则是祖先生命的特殊延续方式,也就是子嗣对父祖辈权利义务的包括性承受,与近代民法中的“继承”一词并不完成对应。直到宣统三年(1911年)的《大清民律草案.继承编》中才采用“继承”一词,从此广义的“继承”一词逐渐为社会、立法所接受。
In ancient Chinese, the original meaning of “inheritance” or “inheritance” refers to the transmission from top to bottom. Therefore, “inheritance” in the traditional society mainly refers to the cases in which male immediate family members acquired family clans from patrilineal elders In fact, it is a special continuation of the ancestral life, that is, the inheritance of the rights and duties of the father and the ancestor by the heirs, which does not correspond to the term “inheritance” in modern civil law. Until the “Three Represents” (1911) of “the Qing dynasty, the draft law of the People’s Republic of China.” In the inheritance series, we adopted the term “inheritance”, from which the term “inheritance” was gradually accepted by society and legislation.