16세기 재산상속의 한 실례 -1579년 권지 처 정씨 허여문기의 분석-
A Case Study of Actual Conditions of Succession in the 16th Century of Korea

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서울대학교 법학연구소
법학, Vol.47 No4 pp.268-302
재산상속제사승계권문해예천InheritanceSuccession of Ancestor WorshipKwon MunhaeYecheon고문서Manuscript
In this article, I analyze Mrs. Chung(鄭氏)`s manuscript of inheritance in 1579
to research the actual conditions of inheritances of properties and successions of
ancestor worship in the Chosun(朝鮮) Dynasty. She was Kwon Ji(權祉)`s wife, a
stem of Tonglae Chung(東萊 鄭氏). He was a stem of Yechoen(醴泉) Kwon and the
father of Kwon Munhae(權文海) who was a famous scholar in Chosun Dynasty.
Kwon Ji was dead at 1577 and Mrs Chung handed down her properties to
three legitimate sons and daughter, three concubinary son and daughters obeying
their promise in his lifetime. This manuscript was issued at 1591 by Mrs Chung,
and is handed down in her descendant to now. It was valid in persons` signature
and forms of documents due to customary regulations at that time.
She handed down her properties observing laws and customs at that time. In
the actual conditions of an inheritance of properties, daughters were equal to
sons not only formally but also materially. Nobis(奴婢) were divided by ages and
sexes, and lands were divided by sizes and districts equally to every successors.
In the succession of ancestor worship, they did not obey laws and li(禮) but
customs. The legitimacy eldest son succeeded to his father, the other son did his
maternal grandfather, and concubinary son did his grandfather.
Through these phenomena, we know that women were equal to men and
Confucian norms were not persuaded widely in the 16th Century of Korea.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 47, Number 1/4 (2006)
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