| Summary: | 碩士 === 東吳大學 === 法律學系 === 103 === There are many intractable issues on land co-ownership, such as controversies on requirements on contract of managing the co-owned lands, unjust enrichments, mortgage shifted to the specific part acquired by the mortgagee after the land was partitioned, and the right for the house to locate on the partitioned land acquired by other ex-owner. The above issues are frequently encountered in judicial practice.
The disputes on co-owned property rights are frequently argued by the parties in judicial practice. As the theories on co-ownership are relatively mature, the practical issues are abundantly dealt with in many changeable ways. Therefore, the solutions cannot be simply found by applying certain rules or following the court precedents. In order to limit and identify the topic of study, the main purpose of this essay is focused on the management of co-owned lands and the practical problems resulting from their partition.
This study was initiated by the author’s personal experiences on resolving disputes around a co-owned land inherited from his ancestors. The legislations and scholarly comments, interpretations, textbooks, papers and essays published in legal periodicals are referred as well as the court judgment and precedents, resolution made by the judges of Supreme Court in their meetings, interpretations decreed by the Grand Justices and the Chinese Mainland’s legal materials. It is expected that this essay can provide some significant opinions for the co-owners to prevent or solve the similar problems that might arise in the future.
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