论文部分内容阅读
自清末至民国,女性财产继承权经历了一个渐进的发展过程,至南京国民政府颁行《中华民国民法·继承编》,废除宗祧继承,确立男女平等财产继承原则,使女性获得了法定财产继承权;就妻和妾而言,其获得法定财产继承权的同时,也失去了对财产的监护权。从民国江北地方法院诉讼档案所反映的司法实践来看,法官一般会依法裁断,而调解很难在女性财产继承纠纷解决中起作用。
From the end of Qing Dynasty to the Republic of China, the inheritance rights of women inherited a gradual process of development. When the Nanjing National Government issued the Civil Code and Inheritance Code of the Republic of China, abolished the inheritance of the sons and daughters, established the principle of inheritance of equal property between men and women, and enabled the women to inherit the legal property As far as wives and concubines are concerned, they also have the right of custody of property while acquiring the inheritance rights of legal property. According to the judicial practice reflected in the litigation files of the Jiangbei District Court in the Republic of China, the judges generally judge according to law, and it is very difficult for the mediation to play a role in the resolution of disputes over the inheritance of women’s property.