On The Suit Of Split Common Property

Co-ownership is a widespread legal phenomenon, thus co-ownership adjustment is an indispensable part of the whole legal system. Since the use of common property has to take other parterres'wills into consideration, the utilization efficiency of common property is lower than that of property owned executively. In addition, some other reasons also lead to the end of co-ownership. All these are the reasons which cause the split of common property. When the co-owners can't reach an agreement in split, they would ask help from a neutral third party -the court, whose power is necessary in solving the disputes. The main purpose of this thesis is to study how to solve split problems concerned about common property through the help of courts. After explaining the relevant problems, the thesis tries to find an analytical method which combined procedure law and entity law.Except for introduction and conclusion, the body of this thesis includes four parts.Part one is a brief introduction about the suit of split common property. This part mainly includes two aspects: The first aspect is an overview about co-ownership, which describes the concept, characteristics and types of co-ownership.The second aspect is about the suit of split common property. It explains the reasons for the suit of split common property, the right for asking the split and its characteristics. Principles, definition and object about the split suit of common properties are also discussed. In addition, a brief comparative analysis is conducted in this part.The second part includes the standing of the party, the judgment in split suit of common properties. This part mainly discusses two problems, one is the standing of the party which means how to protect and realize the rights of co-owners under the possible disputes prescribed by law. The other is about the judgment, which describes whether the court should inspect the current situation of the common properties.Part three is about claims and how to share litigation fees. This part mainly discusses the following two problems: one is about claims of the suit, which discusses whether court could break from the limitation of principles and whether the co-owner could put forward their requirements in a certain extent. The other is about the share of litigation fees. After analyzing the irrational aspects of general principles of sharing litigation fees, this thesis proposes reasonable suggestions for sharing the litigation fees.Part four is about claims in the suit of split common properties. After introducing the theory of adjudged force, this thesis describes all aspects of adjudged force and discusses problems possibly generate during the process of executing in the split suit of common properties...