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(f) Cases have been known where a rich landowner during his lifetime has assigned property into the name of a thrifty concubine. Although under the English law of real property, the concubine would thereby be free to dispose of her property as she pleased, the custom is that she may not alienate the land but may enjoy its benefit only during her lifetime, after which the property reverts to the Tso (†) or main family.
3. Adoption
Leaving aside maternal instincts which often lead a childless married woman to adopt a boy or girl, the primary purpose of adoption under Chinese custom is to provide a male for the inheritance of land, and for worshipping the ancestors. It is a business transaction rather than an emotional satisfaction.
(a) Generally, a patrilineal nephew or clansman of a younger generation is adopted. In many cases, however, the generation of the adopted child is not important. He may even be of the same age as the adoptive parents.
(b) Adoption need not take place during the lifetime of the adoptive parents. One or other of the adoptive parents may have died, and I have met a case where both parents had been dead a year before adoption took place.
(c) Adoption is a formal process that not only requires action on the part of the adoptive parents but also requires the approval of the elders of the family and the clan who normally signify it by attending a feast to eat ceremonial pork. This explains an adoption after the death of the adoptive parents.
(d) The adopted person renounces all rights of succession and inheritance in his natural family. Instead, he acquires these rights in the family by which he has been adopted.
(e) Occasionally, an adopted son attempts to renounce his adoption. I have met one case of this where all parties agreed and which was accordingly approved. Whether the renunciation revests in the son the succession rights in his natural family which he lost by adoption is a difficult question and I think must depend on the particular circumstances of each case.
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(f) Cases have been known where a rich landowner during his lifetime has assigned property into the name of a thrifty concubine. Although under the English law of real property, the concubine would thereby be free to dispose of her property as she pleased, the custom is that she may not alienate the land but may enjoy its benefit only during her lifetime, after which the property reverts to the Tso (†) or main family.
3. Adoption
Leaving aside maternal instincts which often lead a childless married woman to adopt a boy or girl, the primary purpose of adoption under Chinese custom is to provide a male for the inheritance of land, and for worshipping the ancestors. It is a business transaction rather than an emotional satisfaction.
(a) Generally, a patrilineal nephew or clansman of a younger generation is adopted. In many cases, however, the generation of the adopted child is not important. He may even be of the same age as the adoptive parents.
(b) Adoption need not take place during the lifetime of the adoptive parents. One or other of the adoptive parents may have died, and I have met a case where both parents had been dead a year before adoption took place.
(c) Adoption is a formal process that not only requires action on the part of the adoptive parents but also requires the approval of the elders of the family and the clan who normally signify it by attending a feast to eat ceremonial pork. This explains an adoption after the death of the adoptive parents.
(d) The adopted person renounces all rights of succession and inheritance in his natural family. Instead, he acquires these rights in the family by which he has been adopted.
(e) Occasionally, an adopted son attempts to renounce his adoption. I have met one case of this where all parties agreed and which was accordingly approved. Whether the renunciation revests in the son the succession rights in his natural family which he lost by adoption is a difficult question and I think must depend on the particular circumstances of each case.
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