지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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In Edo Period, a bride got married to a bridegroom with chattel & real estate under name of her, dowry, and so on. This study concentrated upon how these properties has reverted to spouses while maintaining the marriage and in the process of divorce. Especially, it classified the Edo Period into the former and latter terms on the basis of the Ritsuryou Youryaku(律令要略) compiled in 1741 and the Kujikata Osadamegaki(公事方御定書) as a written law in 1742 and examined the change of the rights of wife-brought properties.
First, the rights of chattel (household goods) with which a wife brought in marriage was considered as follows.
There was a regulation in the Ritsuryou Youryaku(律令要略) which prohibited a husband from disposing of the chattel (household goods) under the name of wife at his discretion. If a husband infringed the regulation, a wife' father could divorce the couple. And a husband had a right to divorce as he wanted if he has surrendered the wife's chattel and dowry to her. And in the later Edo Period, a husband had to give the chattel back to his wife even if the wife was the cause of divorce and in the uncontrollable cases like a fire.
Second, the right of wife's dowry was examined.
In the ruling of leap month(閏)22 August, 1702 Genroku(元祿)15, the Hyozyousyo(評定所）judged that ‘a husband should restore a dowry to his wife if he claims divorce, and the surrender of dowry is decided by agreement between the spouses if the wife' side demands divorce', and it is provided in the Ritsuryou Youryaku(律令要略)that ‘a husband has to restore dowry if he claims divorce, a wife can not assert the surrender of dowry if her side demands divorce'. But if circumstances of the later Edo period through some divorce cases is analogized, it is felt that the right of wife's dowry is getting more rigid than the regulation in Ritsuryou Youryaku(律令要略) toward the latter term of it.
Finally, the right of wife-brought real estate was investigated.
From the ruling of the Hyozyousyo(評定所) in 1706, a wife' properties as well as a husband's were forfeited when he was punished, excepting only the properties under the name of wife. In the Ritsuryou Youryaku(律令要略), chattel under the name of wife, dowry, and wife-brought paddy & ordinary fields has reverted to the husband even if she died, except for the paddy & ordinary fields under the name of wife. But according to Article 27 of the Osadamegaki Hyakkazyou(御定書百箇條) like the ruling of the Hyozyousyo(評定所) in 1706, properties under the name of husband were seized when their properties were confiscated due to punishment on husband, with the exception of wife's chattel as well as the paddy & ordinary fields, house, and dowry under the name of wife.
First, the rights of chattel (household goods) with which a wife brought in marriage was considered as follows.
There was a regulation in the Ritsuryou Youryaku(律令要略) which prohibited a husband from disposing of the chattel (household goods) under the name of wife at his discretion. If a husband infringed the regulation, a wife' father could divorce the couple. And a husband had a right to divorce as he wanted if he has surrendered the wife's chattel and dowry to her. And in the later Edo Period, a husband had to give the chattel back to his wife even if the wife was the cause of divorce and in the uncontrollable cases like a fire.
Second, the right of wife's dowry was examined.
In the ruling of leap month(閏)22 August, 1702 Genroku(元祿)15, the Hyozyousyo(評定所）judged that ‘a husband should restore a dowry to his wife if he claims divorce, and the surrender of dowry is decided by agreement between the spouses if the wife' side demands divorce', and it is provided in the Ritsuryou Youryaku(律令要略)that ‘a husband has to restore dowry if he claims divorce, a wife can not assert the surrender of dowry if her side demands divorce'. But if circumstances of the later Edo period through some divorce cases is analogized, it is felt that the right of wife's dowry is getting more rigid than the regulation in Ritsuryou Youryaku(律令要略) toward the latter term of it.
Finally, the right of wife-brought real estate was investigated.
From the ruling of the Hyozyousyo(評定所) in 1706, a wife' properties as well as a husband's were forfeited when he was punished, excepting only the properties under the name of wife. In the Ritsuryou Youryaku(律令要略), chattel under the name of wife, dowry, and wife-brought paddy & ordinary fields has reverted to the husband even if she died, except for the paddy & ordinary fields under the name of wife. But according to Article 27 of the Osadamegaki Hyakkazyou(御定書百箇條) like the ruling of the Hyozyousyo(評定所) in 1706, properties under the name of husband were seized when their properties were confiscated due to punishment on husband, with the exception of wife's chattel as well as the paddy & ordinary fields, house, and dowry under the name of wife.
목차
Ⅰ. 머리말
Ⅱ. 妻 명의 동산
Ⅲ. 妻의 지참금
Ⅳ. 처 지참 부동산
Ⅴ. 맺음말
【Abstract】
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UCI(KEPA) : I410-ECN-0101-2009-911-017333285