The Notion of the Heir in the Nihonryo : for the Re-examination of the Clause of the Succession to Property (Koryo-Obunjo, 戸令応分条)

Abstract

The purpose of this essay is to clarify the notion of the heir in the Nihonryo, as preparatory work for an examination of the eighth century clause of the succession to property. In the first half of the essay, the following two points are clarified. 1.In the Taihoryo (大宝令), which was established in 701 A.D., the clause concerning the heir (keishiryo-keishijo, 継嗣令継嗣条) limited its explanation of the legitimate son to the nobility. The Yororyo (養老令), which was established in 718 A.D., however, extended the explanation to include the populace. 2.The legitimate son in the clause of the succession to property premises that of the clause concerning the heir (keishiryo-keishijo). In the last half of the essay, I consider the qualification of the legitimate son, and arrive at the following conclusions. 1.The legitimate son in Taihoryo is a chief of the clan (uji, 氏). 2.The Clause of the succession to property in the Taihoryo deals with the succession to property in the clan.