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Research on the Legal Precedents About Matrimonial Property Regimes of Ta-Li-Yuan in the Early Republic of China

  • Author:

    Liang, Hung-Meng

  • Page Number:

    19:187-229

  • Date:

    2011/06

  • Cite Download

Abstract

While the Western legal systems were receipted in the early 20th Century, the paradigm of male chauvinism of traditional Chinese law was challenged by the new legal circumstance and had to adjust. Ta-Li-Yuan (大理院), the supreme court in the early Republic of China, played the role of the law maker in some degree as well as took its legal responsibility as a court. A series of legal precedents of matrimonial property regimes from Ta-Li-Yuan provide an important way to observe the change of matrimonial relationship regimes at that time. This article’s perspective was according to wives’ property rights to analyze the relations of matrimonial property from Ta-Li-Yuan’s related legal precedents and wives’ rights of certain property. According to this article, Ta-Li-Yuan’s standpoints about wives’ property rights were still conservative as a whole, although it had defined wives’ property rights and broadened them in a certain degree as well. Both the social atmosphere at that time and the obligation for legal trials confined Ta-Li-Yuan’s efforts to improve wives’ status.

 

Keywords

Ta-Li-Yuan、legal precedents from Ta-Li-Yuan、matrimonial property regime、wives' property rights

Cite

Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate.

Citation Text

Footnote
Hung-Meng Liang, “Research on the Legal Precedents About Matrimonial Property Regimes of Ta-Li-Yuan in the Early Republic of China,” Journal for Legal History Studies 19 (2011): 187-229.

Bibliography
Liang, Hung-Meng
2011 “Research on the Legal Precedents About Matrimonial Property Regimes of Ta-Li-Yuan in the Early Republic of China.” Journal for Legal History Studies 19: 187-229.
Liang, Hung-Meng. (2011). Research on the Legal Precedents About Matrimonial Property Regimes of Ta-Li-Yuan in the Early Republic of China. Journal for Legal History Studies, 19, 187-229.
Liang, Hung-Meng. “Research on the Legal Precedents About Matrimonial Property Regimes of Ta-Li-Yuan in the Early Republic of China.” Journal for Legal History Studies, no. 19 (2011): 187-229.
Liang, Hung-Meng. “Research on the Legal Precedents About Matrimonial Property Regimes of Ta-Li-Yuan in the Early Republic of China.” Journal for Legal History Studies, no. 19, 2011, pp. 187-229.
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