Chapter 202: Neighbor Law(2/2)
Zhang Fei said sarcastically: "I usually go and take a look when needed."
Xu Zun smiled, and then explained: "Our dynasty is still different from the previous dynasty in many aspects. Just like the citizens of Bianjing, the rich and the poor have no fixed status, and the fields and houses have no fixed owners. If you have money, you can buy it, and if you don't have money, you can buy it.
If you want to sell, you often have to rely on neighbors instead of relatives. Therefore, when our government revised the law on relatives and neighbors, we increased the priority of neighbors."
The Song Dynasty was a highly commercial society, and citizens did not have many clan ties. Everyone began to emphasize freedom and efficiency. When selling a house, it was really troublesome to go to relatives to ask first. The court also based on the needs of the citizens,
Make appropriate supplements.
In some cases, it is possible to avoid asking relatives.
In addition, in terms of price, the Song court also favored market prices, and relatives could not buy at low prices.
Zhang Fei frowned and said, "But this is not a house sale, but an inheritance."
Xu Zun nodded and said: "You are right, this is also the difficulty of this lawsuit. His mother's approach seems reasonable, but in fact it is difficult to be protected by the law. This ancestral home still has to be passed down to future generations.
Although the law of relatives and neighbors also applies to inheritance rights, sales are still different from inheritance. While her son is still alive, it will be difficult for this neighbor to obtain inheritance rights."
Xu Zhiqian said: "But his son is so unfilial, can we use filial piety to fight this lawsuit? Zhang San also used filial piety to help Fang Yun escape the crime."
"Of course you can get it, and I thought there was a certain chance of winning."
Xu Zun nodded and said: "But the government cannot only consider this lawsuit, but also consider the issue of patriarchal law. If this precedent is set, will it conflict with the patriarchal law? Therefore, even if you prove that her son is unfilial,
There is no guarantee that the government will decide that you win. Unless you can convince the government that such a decision will not affect the patriarchal clan, then the chance of winning will be greater."
In ancient times, two laws existed in parallel, the state-owned law and the village-owned clan law. In fact, there were many contradictions between the two.
During the revision of the Neighborhood Law, we actually encountered resistance from the patriarchal clan. Today's neighbors are close, but not completely equal to relatives.
yes!
This son is very unfilial, but if you make an exception for the inheritance rights, it will have a great impact on the clan and even cause social unrest.
The judge must consider this issue.
Xu Zhiqian looked at Zhang Fei again.
Zhang Fei said: "Don't be anxious, we should still do our homework as before, we will always find flaws."
Chapter completed!