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实现抚育子女的目的有赖于扩大抚育与保全财产两种方式,二者的取舍体现着家庭模式的理性。这种取舍在夫妻轴上体现为禁婚范围与嫁奁财礼制度,在亲子轴上则体现为继承范围与继承顺序。本文以古代中国为参照系对罗马的法律体制进行分析,认为罗马的家庭模式因夫妻轴上出现自权人妇女、亲子轴上出现嫁奁之诉以及财产继承,导致抚育错位以及财产流转问题,从而转向妇女独立财产权,以另一种家庭模式的理性保障子女的抚育。
To achieve the purpose of raising children depends on the expansion of nurturing and preservation of property in two ways, the choice between the two reflects the rational family model. This choice is reflected in the couple’s axis of marriage as the scope of marriage and financial system, but in the parent-child axis is reflected in the scope of succession and succession order. This article analyzes the legal system of Rome from the perspective of ancient China. It argues that the family model in Rome is characterized by the emergence of self-owned women on the axis of husband and wife, the lawsuit of marriage and the inheritance of property, resulting in the dislocation and transfer of property, Thus turning to the independent property rights of women and protecting their children with the rationality of another family model.