The Theory Of Co-ownership Of Disposition

The disposition of co-owners by shares is the act that co-owners change or limit the ownership of their mutual property value and entity. It can be claimed that the disposition of co-owners by shares is the most important manifestation in ownership function. However, what is unmatch to its importance is the its rather deficient study in China’s legal scholarship. The elaboration of this act is merely limited to textbook-style introduction, devoid of systematic study. The deficiency of theoretical study leads to roughness of law-making, therefore brings difficulties to the judicial practice. Accordingly, this paper mainly uses theoretical and comparative study methods, and analyzes the disposition of co-owners’ connotation, classification, basis, source of theory, disposal rules and specific manifestation, so as to deepen and expand the academic study on this issue.Owning by shares is a less efficient form, in order to make full use of its efficiency, and to correct its state of stagnation, it is necessary to fully develop a value-using form of mutual property. Based on the different use of physical form and value form of the mutual property, the disposition of co-owners by shares can be divided into their disposition of mutual property and due shares. Mutual property and due shares belong to different objects, and should be fully affirmed of their ownership, and therefore considered as the right source of disposing mutual property and due shares. There have been some major cognitive differences for disposition act in the academic circle, and in order to reduce the practical difficulties in the implementation, it’s necessary to reach a consensus. In addition, the disposition has its independence, so it should be distinguished from the administrative act.Due share is a value form of mutual property with certain proportion. Based on independent ownership, in principle, all owners can freely dispose their due shares. However, when disposing specific due shares, we should associate the restriction on ownership fulfillment and investigate the overall constraints on free disposition of due shares, and relate investigate the partial constraints on free disposition of due shares by relating to co-owners’ preemptive right. In order to fully realizing the value of due shares, and improve the efficiency of co-owning by shares, we should expand the disposing way of due shares, and any forms of use for due shares should be taken as their disposition.China’s property law determines the majority vote of the total property disposition rules, it can be claimed that the rules consist with the material use-oriented theme of the time, and thus generally correct. However, due to imperfect matching specification in terms of specific design of the system, there is a lack of effective protection of the rights and interests of co-owners by shares. They are vulnerable to violation and unable to appeal. Via unanimous decisions to apply the agreed rules, it is possible to to strengthen the other co-ower’s rights and interests protection by adding the notifying obligation of disposing people, improving co-owner’s separated petition and some other ways.The study on the disposition act of co-owners by shares fully illustrates its classification basis, integrates its specific content, confirms its independence, affirms the due full ownership of due shares to each co-owner’s, and has initially solved the problem that theorists can not justify the disposing rights of due shares. The paper dialectically investigates the restricted rules of those co-owners under free disposing act, expands the disposing way of due shares, increase the efficiency in using due shares, and further improve the protection of the co-owners’ rights and interests under the rules of a majority vote. It has deepened theoretical understanding of the disposition of co-owners by shares, and improved the practice for the disposition of co-owners.