从《名公书判清明集》看宋代的遗嘱继承

Reviews on Testamentary Succession in Song Dynasty Based on the Study of Compilation of Just Verdicts By Famous Judges

宋代不仅“户绝”有遗嘱继承,而且“非户绝”也同样存在遗嘱继承。《清明集》中记载的大量关于遗嘱继承纠纷的案例,实证了宋代遗嘱继承绝非个别现象,并非局限于“户绝”,而是已成为当时的一种普遍现象。与前代相比,宋代遗嘱继承制度进一步得以完善和规范化,并具有自身的特点,表现在其一直处在不断变化和调整之中,在司法实践中形成了一套行之有效的调解遗嘱继承纠纷的原则和方法。

Testamentary succession not only exited when the testator had no offspring but also did when having offspring. The Compilation of just verdicts by famous Judges recorded a lot of cases about testamentary succession, the fact testifying that testamentary succession was not exceptional but very common in Song Dynasty., not just confined to those having no offspring. Comparing with earlier dynasties, testamentary succession institution was more perfect and regulated in Song Dynasty, had its own characteristics, which were represented as its constant changes and adjustments and a set of feasible principles and methods of settling disputes about testamentary succession in judicial practices.