CAJ | 학술논문

在宋代,未嫁女依法享有奁产权,在数额上规定为男子聘财的一半.因家族成员企图侵夺奁产而发生的诉讼在《名公书判清明集》中有相关记载,透过这些案例可以看到南宋家族关系感情冷漠的世风民情,名公们情理法兼顾的司法审判风格,以及女性勇敢进行司法维权的精神风貌,从而为了解南宋法律与社会提供一个视角和侧面.
재송대,미가녀의법향유렴산권,재수액상규정위남자빙재적일반.인가족성원기도침탈렴산이발생적소송재《명공서판청명집》중유상관기재,투과저사안례가이간도남송가족관계감정랭막적세풍민정,명공문정리법겸고적사법심판풍격,이급녀성용감진행사법유권적정신풍모,종이위료해남송법률여사회제공일개시각화측면.
Lian-production refers to a daughter’s dowry. The unmarried women were legally entitled to hold dowry rights, about the half amount of men in the Song Dynasty. The records related litigation of dowry were often seen in The Corpus of Enlightened Judgements. By the corpus, it was known to family’s apathy relationship , the judicial trial style of balance and the brave women protecting their rights by the way of litigation in the South Song Dynasty. The exploration on dowry’s litigation in the corpus of enlighted judgements may help us understand the legal and social side of the South Song Dynasty