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The Analysis Of Women Immovable Property Rights In England: From The Twelfth Century To The Thirteenth Century

Posted on:2016-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q YangFull Text:PDF
GTID:2285330479978244Subject:World History
Abstract/Summary:PDF Full Text Request
England showed obvious centralization tendency,the authority of royal gradually strengthen,and the common law which adapting to political is gradually formed from 1153 to1215. “Immovable property” was born in the process of England political system transformation; it first derived from the land, and with the protection from royal government and law. This change broke the situation that the land tenure of free tenant should depend on the feudal contractual relationship between lord and tenant, tenant’s demand for land was becoming a right conferred by law. After the tenant acquires land according to the common law, the inheritance rights and the transfer rights of the land are also acquired as well, the immovable property rights of tenant family members can be finally realized.After the judicial reformation under Henry II, the common law gradually became mature,and changed the property distribution of social family in England after the Norman Conquest,and the common law weakened the adverse impacts for female which caused by the core principle “primogeniture”, and began to admit the inheritance rights of female in the case of a family without a male inheritor, and gave the dower to the widow. The female immovable property rights in England society mainly consist two parts: the inheritance and dower.Moreover, common law also gives the rights to the wife that she can mortgage the credit of her husband, and change the situation that the husband manage the immovable property under the “doctrine of conjugal” principle. These changes improve the status of female in distribute and dominate relations of the real estate in the family.The “Immovable property rights” can be achieved because of the establishment and improvement of common law in England, and also changes the distribution principle of family real estate, improves the status of female in the disposable and inherit activities of connubial real estate. This change is attributed to the strengthening of centralization of England royal family, which is the accessory of the royal government expands the central power practice through judicial reform. The establishment and development of the England common law benefit from judicial reform, which improve the status of female in the realestate inheritance and dominate activities of family, it has some significant meaning for protecting females’ rights, improving their social status and promoting democracy social development.
Keywords/Search Tags:England, Women immovable property rights, Royal centralization, Common Law
PDF Full Text Request
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