对被遗弃妻子和离婚妇女居住权的衡平——从丹宁勋爵的婚姻家庭法学思想谈起

Equality on the Right of Dwelling of Deserted Wife or Divorced Woman——From the Thought of Lord Denning on Family Law

我国应借鉴丹宁勋爵的婚姻家庭法学思想，在居住权方面给予被遗弃的妻子特别的保护。付出多年家务劳动的妇女应当获得一份家庭财产。夫妻购买一方单位出售的公房获得的所有权由夫妻二人共有，法律应当允许并提倡在合同或房产证上写夫妻二人名字，离婚时应优先照顾子女和妇女权益，对夫妻个人和单位同时享有部分产权的公房在夫妻离婚时可以在三方同意下以面积为准折换为二。

We should absorb the thought of Lord Denning on family law and give deserted wives a special protection in right of dwelling. A wife who have done housework many years should acquire a part of family property. A house being bought by a couple, which was sold by his or her institution, belongs to the couple. That they write their names on purchase-and-sale contract or certificate of house property right should he allowed and we advocate to do so. Child and woman's rights and interests are prior to man's. It is desirable for the three to exchange a house which is possessed by a couple and his or her institution for two small ones.