A Discussion on Women’s Right of Disposition on Real Properties in Ming and Qing Dynasties

陈红妹

【Abstract】Women only have a very limited right to dispose of real estate，the exercise of which is also hindered by many factors in practice.

【Key words】Womens Right of Disposition； Real Properties

The research is less in aspects of womens right of disposition on real properties.So this article wants to explore the rights of women in this respect.

The author from the Ming and Qing dynasties in the contract documents for information，pick out one of the women involved in the processing of real estate contract.We identity and induct the role of women in the contract，and we can see that when her husband lives his wife's rights is smaller.When her husband is living his wife does not have separated disposition ，and mainly discuss the way of husband and wife to participate in the disposition of the behavior of the real estate.When son disposes the husband legacy of real estate，as a mother has right to discus.Son will listen to consider the views of the mother.

Form the Ming and Qing dynasties of the content of the contract documents analysis，we can find that women's disposition on real properties is limited.There is no corresponding to the property of the clan.At the same time，they will face a lot of obstacles when they dispose of real property.

After her husband died，they lose the life source of income.Even if in such a difficult situation，they also face the threat in other aspects.From these disputes we can find that the cause of the dispute reason is the problem that women face in the disposition on real properties.The causes is that：First，the widow does not have children.Her brother want to give his son after his brother died，because there is no offspring inherit his property.Second，widows have son but young.The widow face many obstacles.

During the Ming dynasties woman for real estate dispose of the maximum in the widow for her late husband's property disposition.Women in the process of disposition of real estate，they also face many problems， these problems from three aspects， her brother， race and the other contract party.Women in the Ming and Qing dynasties have weaker disposition，and in the actual disposition encounter a lot of trouble.The main reason is that these women have low status of property rights.

References：

[1]Bai Kai “Chinese women and property：960-1949” the Shanghai bookstore publishing house.

[2]Tan Dihua Jinan University press of “Guang Dong contract document”.