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古罗马妇女在法定继承中的权利有一个演进过程,法律规定的妇女权利在宗亲体系下大部分无法实现;在由宗亲向血亲体系过渡时期,其权利虽有诸多限制,但总体趋势朝着男女平等的方向发展。一、《十二铜表法》中妇女的法定继承权据《十二铜表法》记载:“死者未立遗嘱指定其继承人,又无正统继承人,其遗产由最近的族亲继承。”①《十二铜表法》时期的罗马,仍处于家长奴隶制经济为基础的宗法社会阶段,它所体现的是以宗亲为基础的法
The Roman women’s rights in statutory succession have an evolutionary process. The women’s rights stipulated by law are largely unquantifiable under the patriarchal clan system. Although there are many restrictions on their rights during the transition from clansmen to the kinship system, The direction of equality between men and women. I. Statutory Inheritance of Women in the Twelfth Copper Watch Act According to the Twelve Tables Act, “The deceased did not specify his or her heirs and did not have an orthodox successor, and his estate was inherited by the closest clan.” “ (1) Rome during the ”Twelfth Bronze Watch" is still in the stage of patriarchal clan society based on the slavery economy of the parents. It reflects the clansmen-based law