On Joint Ownership In Common

In the property law joint ownership is a less interesting subject. In many legal textbooks, scholars give more attention to joint ownership by shares, and less to joint ownership in common. Except the types of joint ownership in common most scholars in Mainland China basically share the same views in other areas. However, there are still some problems which deserve more attention. This paper mainly discusses the basis of joint ownership in common.The first part is a historical study. According to the discussion of the origin of joint ownership in common and joint ownership by shares, joint ownership in common is closely relative to personal relationship. In light of the legislation and theoretical studies of many states, joint ownership in common is always closely relative to personal relationship. Personal relationship is the basis of joint ownership in common.In the second part the basic theory about joint ownership in common is discussed. There is the existence of share in joint ownership in common,but the share is potential. The nature of joint ownership in common is a combination of the right. The occurrence of joint ownership in common is different from the occurrence of the basis of joint ownership in common.Actually it means the establishment of closed relationship when scholars say"Joint ownership in common is established in accordance with legal provisions or the agreement between the parties."The co-owner in joint ownership in common enjoys equal rights. When the property owned in common is to be disposed there shall be a consensus of opinion.The third part focuses on the basis of joint ownership in common——closed relationship. Closed relationship is personal relationship. Closed relationship can be defined as——the personal relationship established for common purpose. Because closed relationship is personal relationship and disputes may be occurred easily with respect to joint ownership in common, joint ownership in common shall not be established freely. Joint ownership in common is premised on closed relationship. However closed relationship is not premised on joint ownership in common.In the fourth part the author holds that there are only two types of joint ownership in common: the joint ownership in common of domestic property and marital property. Because of lack of personal relationship, the joint ownership of the partnership property and heritage do not constitute the joint ownership in common.The fifth part points out, with the personal relationship weakening in modern society, the scope of application of joint ownership in common is constantly being compressed. It is inappropriate to expand the scope of application of joint ownership in common. But as long as personal relationship exists, the existence of joint ownership in common is necessary.The author must point out that this paper is constructed from the basis of joint ownership in common on the basis of which several other issues have also been discussed while five chapters have been divided.?...