On Joint Ownership In Common

Joint ownership is an important legal system of "property law”. It’s also an important problem in the theory of real rights law. At present, joint ownership is divided into joint ownership in common and joint ownership in share. On this matter, many scholars pay more attention to the former. The joint ownership in common is always put into the law of identity for its special features.Joint ownership in common is usual in real life. How to identify it in the different circumstances is controversial, that caused problems in judicial practice. Joint ownership in common and joint ownership in share are different in many places, but the essence of the distinction between them is whether the common-relationship exists, only few scholars have explained it in detail. Scholars have different views and opinions on the joint ownership of family, the joint ownership of husband and wife, joint property of a partnership, coinheritance, ownership of the building‘s common part.Take joint ownership in common as the research object, we should focus on two problems: firstly, research on the development of joint ownership in common from the history, make clear its origins and characteristics, to understand more of the system itself; Secondly, based on the theory of research, find that the characteristics of joint ownership in common, master its spirit connotation, point out that the core of joint ownership is common-relationship. On the basis of the study, make a specific research on the applied situation, from which we can draw conclusions. Only by understanding the connotation of common relationship, grasp the nature, find a tenancy in common and common boundaries, can we find the difference between joint ownership in common and joint ownership in share. This thesis take the applied situation of joint ownership in common as the center.The first part elaborates the origin of joint ownership in common in order to understand the occurrence of this system background and standard features and to grasp its spiritual connotation. Joint ownership in common originated in the Germanic law, which has a strong individualism color. It based on the concept of collectivism and closely related to the identity relation characteristics. Secondly, through the understanding of the several typical countries legislation, we can be aware of various arrangement in the legislation. Joint ownership is a kind of system design, its purpose is to maintain the common life of human development and maintenance of group of common property, although it has the value of existence, we should not extend it.The second part is the basic theory of joint ownership in common. Firstly, the cognizance of joint ownership is a legal state, instead of a separate type of ownership. In the problem of ownership, we should understand the particularity of joint ownership: the main object of the plurality, unity, functional separation. We should focus on the target of joint ownership in common. Make the common property be convenient to people’s common life and use it reasonably and orderly. Secondly, straighten out the common purpose, the common behavior, the common property. A clear distinction between shares, due in part, the share of the property, such as the concept of potential share, to explore the common application has important significance. “Shares” should be distinguished from the “share of property”.Finally, joint ownership in common, how and when be applied, should be based on whether there is a common-relationship. On this point, many scholars have the same viewpoint, but to understand and grasp the common-relationship, we should have a more clear explanation. The common-relationship and property interests are closely related. It is a "people get together because of physical combination" state. The article 103 rd of "Property law" provisions is not good enough, joint ownership in common should adopt mandatory under the law, and in judicatory practice, properly expanding interpretation according to the general concept of society, the traditional custom or standard objective. The common-relationship is different from the relationship of joint ownership, this two concepts should be strictly distinguished. The relationship of joint ownership, needs a common-relationship, but also needs other conditions.Through detailed analysis of the current joint ownership, there are several applicable situation, we should analyze them separately. For other joint ownership in common applicable situation, we should take a cautious attitude, in the "from status to contract" trend, the applicability of joint ownership in common is limited.