The Voting Mechanism for Disposition of Joint Property

• Main Authors: CHANG-HAN LIN, 林昌翰
• Other Authors: Fu-Ching Wang
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/12381750120147209437

碩士 === 國立雲林科技大學 === 科技法律研究所 === 103 === There existed complex group-combined relationship for the owners in common ownership of objects, the owners in common ownership are often of different opinions due to their respective interests, they may live in scatted places and are hard to be contacted with; moreover, the objects owned in common found no inheritors or the whereabouts of some owners are unknown or their contacts are lost and all which obstruct the effective usage of the objects or the disposition of the objects owned in common. Therefore, the modern ownership system has the individual ownership as the principle and the common ownership is a special form; usually an individual ownership is more efficient than the ownership in common, and it is always encouraged to eliminate the relationship in common in the legislative policy. The elimination of ownership in common except for the reasons of the loss of objects owned in common, the transfer, the public expropriation, or the acquisition by others due to the effectiveness for a given period of time and etc., the most frequently seen disposition behavior is to divide up the objects owned in common, and dividing up is a liquidation procedure with the purpose to eliminate the relationship of ownership in common. In the Civil Law Rule number 823, it regulates that the owners who are in common ownership “may at any time” ask for dividing up the objects owned in common. Nevertheless, could it be actually divided up “at any time” to reach the effect of eliminating the common ownership relationship? Following up the amendment of the Civil Law Rule in the year 2009, although some problems have been resolved, there still exist some issues in the registration practice regarding to the disposition of the objects owned in common, therefore it has the necessity to explore it. The historic research method is applied in this study, focusing in the data collection, analysis, inducing, aggregation and integration of the related problems regarding to the majority decision mechanism for the disposition of the object owned in common, and also exploring one by one from the analysis resources by collecting widely the relative academic works, legislative information, and the practical judicial explanations and judgments to induce the processes and ideas for adopting the majority decision for the disposition of the objects owned in common and provide concrete methods or suggestions for the solutions, and all these are the main targets of this study. Keywords: Disposition of objects owned in common, Mortgage transfer, Majority decision, Dividing up, Clause 1 of the Civil Law Rule number 824