摘要
婚制中的和离制度，早在《周礼》中即有记载。关于和离的律条备载于《唐律疏议》，表明唐代婚制中和离制度已然确立。这种离婚形式在敦煌《放妻书》中表现得尤为明确：离婚原因，首先是“夫妻不和”；离婚形式是双方情愿，“请两家父母，六亲眷属，故勒手书”；立书契约称为《放妻书》或《夫妻相别书》等，并在书契中明确妻子可再嫁；离婚时的财产分割也有一定的规定，反映了唐代和离制度在敦煌实施的真实面目。
The regulations of divorce in marriage were recorded in the book ' Rites of the Zhou' long ago.The legal provision of divorce can be found in the book'Tang - lu - shu - yi'. lt indicates that the regulations of divorce in marriage of the Tang had already been instituted. ln Dunhuang MS. 'Fang - qi - shu', the form of divarce clearly defined: The first important for divoree was hus-band and wife on bad terms. The parents and relatives of husband and wife were invited to give con-tract. This Contract was called 'Fang - qi - shu' or 'Fu -qi -xiang -bie -shu', which defined that the wife could marry and also stipulated how to share property. All these mirror the true fea-tures of the implementation of the divorce regulations in Dunhuang.
出处
《敦煌研究》
CSSCI
北大核心
1999年第2期72-76,188,共6页
Dunhuang Research
