不动产物权变动中的官方法律与乡土习惯——以“亲邻先买”、“亲女不分遗产”为例

The Interaction between Law and Country Custom Concerning the Transferring of Real Estate: from the View of Customary Rules "Purchasing Priority of Relative or Neighbor" and "No Daughters in Share of Heritage"

自清代以降,不动产物权的变动所依赖的规则,逐渐从乡土习惯,转向现代化的物权法。然而法律确立其主导地位的过程并不轻松。个别乡土习惯如亲邻先买、亲女不分遗产等,在今天依然顽强地存在着。以这些习惯为切入点,从静态的文本到动态的纠纷,展示它们与现代法律的冲突与纠葛。

Since Qing Dynasty, rules in China governing the transitions of estate have been gradually changed from country custom to modern Real Right Law. But the process of making the law a leading position is not easy. Some of country custom like ＂purchasing priority of relative and neighbor＂ and ＂no daughters in share of heritage＂ still survive and play a role in reality. Taking these customary rules as point of penetration, this paper shows an in-dept scenery of conflicts between the country custom and new laws from static texts and dynamic disputes.