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Joint Total System For The Weakening Of The Study

Posted on:2007-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShenFull Text:PDF
GTID:2206360212956160Subject:Law
Abstract/Summary:PDF Full Text Request
The co-ownership is a special form of ownership.Generally speaking, the co-ownership is always classified into tenancy in common and joint tenancy, they all can data back to the tenancy in roman law and germany law.In our country,we also have two types of co-ownership _ tenancy in common and joint tenancy . Joint tenancy means two or more than two person have the ownership on one thing based on the closed_relationship.This article just pay attention to joint tenancy.In the fist part of the article,it just pay attention to the basic theory of joint tenancy.Firstly,the article introduce the origin of tenancy,the tenancy can data back to the tenancy in roman law and germany law,but the tenancy in roman law and germany law is different.Then the article introduce the concept and characteristic of the tenancy,the joint tenancy based on another relationship except porperty relationship.On the basic the article analyse the difference between the tenance in comman and joint tenancy,and analyse the character and the special in the civil body.In the second part of the article,it introduce the joint tenancy from a comapative view.A lot of country including france and germany exclude the joint tenancy in their civil code,only a few country just like swiss.russian and taiwan has the rules about tenancy,the joint tenancy has a tendency of weakening.In the third part of the article,it rethink the joint tenancy type of partnership porperty and inheritance from a new view.the inheritance belongs to the financial group but not the joint tenancy of inheriters.The porperty in the partnership also is not the joint tenancy of the partners,when some kinds of partnship are the civil body,the porperty should belongs to the partnership but not the partners.
Keywords/Search Tags:co-ownership, joint tenancy, weakening
PDF Full Text Request
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