| Summary: | 博士 === 國立中正大學 === 法律所 === 94 === ABSTRACT
This thesis probes into collective ownership all with three views of “joint property”,“joint ownership”,”corporation”. At first,The theory of community are mainly research the phenomenon that the ancient human society in order to discuss the subject of still unselfish ownership concept,and introduce its gradual progress to modern origins of legal system.Joint ownership is mainly based on the modern legal system that separate” people and people”,” thing is controlled by people”legal system , probe into the unreasonable that all the collective ownership took over by the view of only separate into “joint property’,”joint ownership” ,”co-operation”. Corporation theory introduces the content that is so called”gather-hand”principle which is point out how to come into being a corporation , study the setting-up of the forming reason of the corporation and corporation law structure, expound the fact how to integrate with modern legal system, distinguish forming a partnership and association from the shape of the corporation, seek the appropriate corporation law system from party's interests and view which the creditor protect. In addition, through the discussion of condominium law , seek it and relation among the corporation law systems.
This thesis main purpose, is throw to hope to lie in but with individual all views alone everything, is only notice the effects of the creditor's rights or right of disposition to the thing ; But to study carefully about all collective ownership what the Rights and obligations the members should have. According to the research of this thesis, such private rights about members enjoy is”properties= can be inherit,transferable, or ”The identity, personality, exclusive”, and sa well as do for foundation that legal relation study their.
The point of the research state as follows especially:
Chapter one：thesis first introduce the land use law changed by the Europe civilization into the two main system which is Rome law and Germane law ideological system. Because European civilization through the period of kingdom of Rome, go through dark period to period of teaching beginners of Renaissance , every government deal with the revolution about ideological change to improve the old land use system.At last all the land use become private and enjoy free.However, collective ownership is still helpful now,it is the worthy to study it.
Chapter two:the chapter is point out the collective ownership is mankind's main life shape early while ownership concept born , so the thesis observe the fact of the collective ownership phenomenon on land from the human society previously at first, probe into the existence and shape of “ the community”. And the various countries of Europe bring the political, social, economic reforms carried on since modern times , undoubtedly is the emergence is the pushing hands that shape the system of modern ownership, this course of thought changes of ownership from the historical development of the introduction of various countries,we study the system of modern ownership in the development of various countries, and analyse its origin cause of formation.
Chapter three：this chapter observes the legislative content in Germany and Japan to understand relevant subjects of collective ownership development. Regarded as the head to criticism the law take the collective ownership aparted from by the view of only separate into “joint property’,”joint ownership” ,”co-operation”.
Chapter four：this chapter probes into the so-called “ joint ownership” meaning, want to establish what the effect that members has, and so as to criticize the necessity of the difference that“joint property’and”joint ownership”.
Chapter five : joint property is always common theories in all of the collective ownership, however ,the only thinks collective ownership is individual type can not be suitable for most corporation , and that joint property can't break away from the corporation law either , this not merely contributes to understanding that the law in joint tenicy, can run the demonstration that can divide for the personal law and corporation law too.
Chapter six :co-operation is a very old collective ownership shape, thesis probes into how to use the common land in the Germane village,and concrete to make several introduction and question discuss to the common land secondly, expect to do the understanding of the co-operation content .Thirdly, the land use that like co-operation , whether it is necessary is no existence meaning, also give and analyse that probes into it.
Chapter seven: ”gather-hand”principle come from philosophy, political science, sociology domain, but it has function of the law, it is a basic principle of the corpartion law, but because this principle is extremely elasticity , so cause the debate of its meaning, character etc,all has the demand to look for its real meaning deeply. And because this principle is from the observation ancient Germane village previously, it is also an important subject whether the principle to suitable for the modern law.
Chapter eight:whether the corporation is formed by”gather-hand” principle pay attention to individual or not, can divide the corporation into partnership and association directly, through the knowing of the partnership and the association law, can bring help to understand that corporation law relationship. meantiome how should the two distinguish, with the applicable law, the subject also discussed by this chapter.
Chapter nine:the condominium law because has relationship about collective ownership and ownership alone at the same time, also set up government organization , so has serious legal relation and copies of collective ownership and ancient Germane village , how adjust relation of suitable to applying of law among them, full of the value studied, can be regarded as test while probing into collective ownership .
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