宋代 分割相續과 家族
A study on Inheritance by Household Division in Song China
The most crucial foundation of the division-inheritance system of Song were principles of "sons" inheritance of their father"s portion" and "equal division among sons." They were the implementation of the principle of "equal right of sons to their father"s assets" and were protected by the law with the provision for regulatory measures for inheritance against them. For just execution of these principles, various means of dividing the assets were implemented to ensure fairness among inheritors. It is believed that the principle of division-inheritance was carried out, without any radical reforms, not only in Tang but throughout the imperial period of China. Song period found this tradition still observed with a few addition to the divided inheritance system, which was related to the change in the family system, reflecting the development and the new trends in the contemporary society. With the growth of economy provided increased opportunities of family dispersion and increased gap in wealth within the family members through differing trades and economic activities. Each son owned his own assets and could manage his funds even in the large-family asset-sharing household. The contradicting economic aspects of shared-asset principle and the division rule gradually ushered in the early household division with the aid of the differing economic capabilities among sons. The verification of the increased share of daughter"s inheritance right during Song is another important characteristic of this period. With the early division of the household asset and with the private ownership of individual assets among sons even under the shared-household asset system, the division system of Song founded on principles of "sons" inheritance of their father"s portion" and "equal division among sons" grew in its strength toward direct lineal inheritance and the competitive and exclusive inheritance system among brothers. This produced the increased independence of small families centered on husbands and wives and the decreased interrelation among collateral relatives.
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