论唐代离婚的程序与效力

唐代离婚需要经过必要程序,双方同意、制作手书、上报官府是和离和七出离婚都要经过的程序,朝廷批准是官员离婚必须经过的特殊程序,官方裁决是出现离婚纠纷时要经过的程序。在唐代,离婚一般会导致三种法律后果,一是夫妻人身关系及夫妻各自与对方亲属的姻亲关系归于消灭,女方回到娘家,双方都重新恢复结婚以前的权利和义务;二是夫妻财产关系消灭,妻子将出嫁时带来的资装重新带走,甚至可以得到某种补偿;三是血亲关系及与此相联系的某些关系和各种权利义务仍旧各自延续。

On the Procedure and Effectiveness of Divorcement in Tang Dynasty

In Tang Dynasty,some procedures are necessary for divorcement.It is necessary for agreement divorcement and Qichu divorcement to consent each other,provide Fangqi certificate and report to the local government.Being approved by the central government is necessary for the divorcement involving the officials.When the parties have disputes about divorcement,being judged by the government will be necessary.In Tang Dynasty,the divorcement will lead to three kinds of legal consequences.The first one is the relation between husband and wife and the relations based on it end and the husband and wife recovering the former rights and duties.The second one is to partition the possessions between the husband and wife.The last one is the consanguineous relations and some relations and rights and duties based on them will keep up.