Research On The Internal Relations Of Shared Co-ownership

In order to solve the debate during the usage of community property by the co-owners, this thesis is mainly focus on the internal relations of shared co-ownership. Portion is important in this process of study, because according to the portion, we can ascertain the scope of rights and obligations. All owners should protect their own interests, while not against the interests of the other owner, and all owners should protect the security of community property. Take the space forbids into consideration, this article is mainly analyze the internal relationships in rights and obligations of each owner. From a logical point of view, the article is divided into two parts:The first part is study on the theory of co-ownership; this is the theoretical basis of the entire article. As a form of ownership, the main difference between co-ownership and single ownership is the number of people, one man enjoys an ownership is called single ownership, two or more people enjoy an ownership is called co-ownership. According to the portion, the owners established the scope of rights and obligations in the share relations, and in accordance with the scope to enjoy civil rights and assume civil obligations. We often use the agreement to limit the range of portion, if there is no agreement or the agreement is not very sure, we use the standard of capital contribution. If the capital contribution can not be sure, the owners enjoy the ownership equally. Limit the range of portion is the precondition in the study on the internal relations of shared co-ownership. It contains four parts: usage, act of disposition, management and the burden of costs.The second part is the four parts of the internal relations of shared co-ownership. I separated them in the process of writing, so this thesis is five parts in structure. On the study of usage, the major point is protecting the portion. In reality, there's three harm of the portion: unjust enrichment, infringement and no right to possession Unjust enrichment means the co-owners beyond the scope of their rights to obtain the benefits illegally, it undermined the interests of others. Infringement means the co-owners intentionally violations of the rights of others. There's some controversy in no right to possession. Some people think this problem does not exist, but the truth is it existed. In the act of disposition, it contains the act of the portion and the act of the community property. In the act of portion, it contains five parts: transfer, setting burden, quit, discard and inherit. The first four sides in legislation have provisions in our country, but the part of inherit has no legislation in our country, in this part we mainly reference Japanese Civil. The act of the community property is similar to the act of property, the main point is focus on the consensus decision process. According to the law, more than two thirds of people or all people's agreement can make the act of disposition happen.To the owner, management is both a right and a duty. There are two ways to management the community property. The first one is the agreement of administered separately, it means the co-owners to reach an agreement through negotiation, and it has the nature of the right of credit. If there is no agreement of administered separately, we can use the co-management. And this is the second one; it mainly divided into two parts, the general management behavior and necessary management behavior. The general management behavior is a single man can make the decision on how to act the community property during daily management. The necessary management behavior need more people to make this decision, because it related to the real property interest of community property. Management is mainly included preservation, improvement, utilization and treatment.There always has the problem of costs in the relations of shared co-ownership; it mainly contains management fees of community property and some other fees. Management fees mainly refer to the cost of save, improve and usage of community property. Other fees mainly refer to the fees which maintain. Other costs mainly refer to expenses for the use of maintain existing co-owned property; if co-owned properties make some damages in the process of using, the cost of damages expenses is also belongs to management fees. According to the law, the burden of these costs, if there is contract between them, the contract should be followed, in the case of no or unclear stipulation, the expenses shall be assumed by the several co-owners in accordance with their respective shares.