Author(s)

Teng Kuang ¹, Guimeng Zhang ¹, Jiaxuan Liu ¹

Affiliation(s)

¹ Centre for Urban and Rural Cultural Development, Guangzhou University of Applied Sciences, Zhaoqing, Guangdong, 526000, China

Corresponding Author

Teng Kuang

ABSTRACT

Even after the separation of customary practices regarding the division of family property from state law, such customs remain a 'living tradition' within society and continue to exert a normative influence. However, under the rationality of legal form, these customs regarding the division of family property can be dismantled, leading to discrepancies in the application of legal norms and undermining the legitimacy of litigation outcomes. In response, the state should adopt a 'pluralistic view of law' and provide an appropriate response to the traditions and evolution of indigenous property division customs: it should clarify that such customs possess legal standing equivalent to that of statutory law, and should grant limited recognition to their application, thereby safeguarding the autonomy of family members.

KEYWORDS

Property Division Customs; Divergences in Litigation Interpretation; Localised Response

CITE THIS PAPER

Teng Kuang, Guimeng Zhang, Jiaxuan Liu. Cognitive Disputes in Litigation of Family Property Disputes and Their Localization Responses. Science of Law Journal (2026). Vol. 5, No.1, 100-109. DOI: http://dx.doi.org/DOI: 10.23977/law.2026.050115.

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