Research On The Suit Of Divide Common Property

There are inherently efficiency problems in co-ownership.Many countries encourage the division of common property to improve the efficiency of the property and reduce dispute.While the co-owner can't divide by agreement,they will provide justice means to ensure the success of division.This makes the suit produce the phenomenon that substantive law crisscrossed with procedural law.In procedure,judge about the right of division has litigation attributes,while the decide segmentation method has apparently non-lawsuit properties.But it still solved by proceeding to endow sufficiently procedure guarantee to co-owner.This produced a special phenomenon that lawsuit theory and the non-lawsuit theory both are used in one procedure.It makes the suit special and deserved to be researched.Except preface and epilogue,the paper has four parts:The first part is the overview of the suit of divide common property.First,defined the connotation of the suit.This is a suit co-owner request the court to divide the property when they can't divide by agreement.It includes two parts: termination of co-ownership and determine the methods of segmentation.Then,ascertain the nature of the suit.It's a suit of formation for the right to claim for division is a right of formation.But this suit also different from other suit of formation because the method of division has very strongly non-lawsuit properties.This suit should be a formal suit of formation.The second part discussed problems about filed the suit of divide common property.First,comment the dispute about the prosecution conditions in theoretical circle,and explicit it doesn't need negotiation before sue;Then explicit the litigious of the suit is the right of divide.Finally,explicit the parties concerned about this suit,all the co-owner must attend this suit,but due to co-owner has opposite interest,the difference between the plaintiff and the defendant is small.The third part is about the trial.First,it should crisscross apply of lawsuit theory and the non-lawsuit theory to trial basis on the feature of the issue of division.Then,discuss the concrete use of them,it should use the lawsuit theory in deciding whether the right to divide property exist or not and use both lawsuit theory and non-lawsuit theory in deciding division method,the judge can make decision beyond the statements of the parties.Finally,study the appeal process of this suit.The appeal interest is he can obtain better judgment.The appellant against all other co-owner who didn't appeal,and the scope of appeal about division method can't restrain the judge.The judge can make s more bad judgment.The fourth part is about the force and execute of the verdict of divide common property.First,the formation force is different in different division methods.When the judge decide divide common property by selling off this property,the verdict can't terminate the joint ownership relations.Then,talk about whether the verdict has the force of execute or not and explicit why the verdict should has execute force.Finally,discuss the execution of the verdict.All of parties can apply for perform,but in order to keep the justice of the execution,the court must review the application and the respondent can also filed dissent action of execution to relief.