Study About Agreement On Share Of Management Between The Owners Of Shared Property

Agreement on share of management is a new conception in mainland of China. There is only few scholar paying attention to it. But in Taiwan of China it has been so long and many scholars usually debate about it. This paper's purpose is to call on more and more scholars and legislators to give there attention to the system of agreement on share of management and to work over it thoroughly.In chapter 1 this paper firstly makes clear some correlative conceptions related to agreement on share of management. It explains the history forms, types and their difference of shared property and it expounds in detail the inward share of co-ownership by shares which is the basis of the agreement on share of management. It illustrates that the inward share of co-ownership by shares is to divide the shared property in quantity but not in quality and the proportion of the shares is abstractive proportion on the shares' right to enjoy the rights and assume the obligations respecting the joint property. After that it is the meaning about the management of the joint property and the agreement on share of management.In chapter 2 this paper discourse upon the correlative questions to the contracting of the agreement on share of management, for example, the parties, the liability and the infection to the division to the joint property by the agreement.In chapter 3 its keystone is to construct the system on the force to the buyer of the inward share of the agreement. To construct the system must be according to four kinds of values and the values are as: enhancing the using effective of the joint property, lessening the transaction costs, protecting the transaction safe and keeping harmonious of the jurisprudence system. After seeing about some countries' legislation there is a conclusion. And the conclusion is that there are three kinds of legislation methods, they are no constrain to the buyer of the inward share, complete constrain to the buyer of the inward share, a certain extent constrain to the buyer of the inward share. After evaluating the three legislation methods in accordance with the four kinds of values, the conclusion is that the agreement on share of management of joint real estate must be effective to the buyer of the inward share after the agreement has been registered, and the agreement of joint personal property is effective to the baleful buyer and the well-meaning but some default buyer, and not effective to the well-meaning and no default buyer.In chapter 4 it simply refers to the related questions about the agreement. And after valuing and reviewing the going prepositional draft by scholars of the property law and the official draft of the property law and the property law promulgated just now this year, the author tables a proposal to legislation.