Title: The Application of Property Law Regarding Co-ownership
Abstract: Co-ownership in property law refers to the common ownership of realty or chattel,which is in its narrow sense.Co-ownership in a broad sense also includes common property rights,in addition to common ownership,and quasi-co-ownership.The laws regarding co-ownership set forth in the property law,General Principles of the Civil Law and Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law will much better co-ordinate with a clear division of co-ownership between its narrow and broad senses.Should the type of co-ownership not be stipulated or clearly stipulated,it shall be considered ownership in common.Under ownership in common,when co-owners agree that the property is indivisible,while the property is disposed upon consent by co-owners holding two thirds of the shares,other co-owners are entitled to transfer their shares.The nature of the right to request for division of property being right of claim or right of formation shall be decided on a case-by-case basis.
Publication Year: 2008
Publication Date: 2008-01-01
Language: en
Type: article
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