明代妇女财产权的处分

The Disposition of Women's Property Rights in the Ming Dynasty

明代妇女变卖、处分妆奁嫁资等动产主要用于助亲人经商,供丈夫、儿子读书,维持家计,奉养亲人治病、丧葬之用。妇女参加经济活动的范围和种类比之前代更为进步。在各类民间的契约文书中,亦不乏妇女参与各种田宅买卖之事。当家中面临突发危难或缺少钱粮、守节生活困难、夫长年在外筹措经商之资、还债、缴纳赋税等不得已的情况时,当家的女性尊长不得不典卖家中田土户宅等产业;倘若父、祖俱亡,家庭地位最尊的女性尊长也可取得析分家产的权利;夫死子幼、夫经商在外等因素都可能使妇女对夫家财产有相当的处分权;而对财产的处分通常以同卖、主盟等间接方式进行。明代妇女经济地位不仅有所提高,其法律等各个方面的地位也随之提升,而且她们已逐步摆脱男性限制的范围,已有较多的自我意识及主宰自我命运的能力,显现出明代女性肯定自我的积极意识萌芽。

In the Ming Dynasty,women often sold or disposed their dowry to make ends meet or maintain family business,to support their husbands and sons in their study,and to pay medical and funeral expenses of the family.The business activities women engaged in were more various than before,and they even participated in all kinds of civil contracts.When confronted with emergencies or other difficulties in daily life,the elder hostess of the family had to sold or mortgaged land or houses belonging to the family.The eldest women would also get property rights of the family when all the adult men were dead and the children were too young to be the host of family.Not only the economic position of women in the Ming Dynasty had been increased,but also their status in other aspects had been improved simultaneously.In addition,women broke off men's control,increase their self-awareness and ability to dominate their own destiny,which reflected the appearance of women's active self-consciousness in the Ming Dynasty.