论英格兰“寡妇产”的衰落

On the Decline of“Dower”in England

在普通法上,寡妇产——寡妇有权在丈夫去世之时得到丈夫占有土地之1/3以为终身之养,近代以来逐渐被排斥、取代。究其衰落之实,乃是因为寡妇产权妨碍了土地保有者处分土地的自由,被刻意规避。这种法定财产权的失落,对于当时仍缺乏独立身份的已婚妇女,是一严重打击。

In the common law the dower means that,a widow has the right to have one third of the land which her husband seized during their marriage for her living. But the dower in common law was gradually excluded and replaced since 16th century. The reason for this declination is that, the dowers＇ existence has hindered the disposition of landowners and the land owners voluntarily evaded its application. The loss of the legal property right seriously affected women＇s life the time that married women still not acquired independent social status.