The Difference Between Joint Ownership And Several Co-ownership

Co-ownership is discussed in detail of a regulation in China's'Property Law'. As a legal system to determine the ownership and use of property in social life, co-ownership is an important part of the law. According to the provisions of the law, joint ownership and several co-ownership are two basic types of co-ownership. Most Chinese scholars agree to such a division. But there are also scholars have questioned the'dichotomy'of co-ownership, denied the independence of joint ownership. They think'various forms of co-ownership are several co-ownership ultimately'. But the author has different views. Joint ownership has independence. Joint ownership and several co-ownership have not only the same aspects but also the different aspects in essence. This paper mainly discusses the differentiation between joint ownership and several co-ownership.The first part analyzes the basic of a classification of co-ownership. Separately from analysis about the system of ownership of from individual ownership to joint ownership, from the early form of several co-ownership and joint ownership, and from the investigation of joint ownership and several co-ownership in today's civil law system, from the basic types of co-ownership in China's'Property Law', the article puts forward a point of view that the basic types of co-ownership are joint ownership and several co-ownership, and the existence of joint ownership is of no doubt.The second part discusses the evolution of the determination about joint ownership and several co-ownership in our country's legislation. The description of joint ownership and several co-ownership in China's'Property Law'highlights share and equality. The presumed rules of co-ownership in article 88 of'Implementation Opinion of General Principles of Civil Law'are fixed by article 103 of China's'Property Law'. All of these are progress. On the basis of the determination of joint ownership and several co-ownership, this paper puts forward a suggestion that the words'and so on'are not suitable in the above provisions.The third part emphasizes the similarities and differences of joint ownership and several co-ownership, and explained the independence of joint ownership further. Joint ownership and several co-ownership have similar aspects. Knowing these similar aspects helps to better understand the material difference between joint ownership and several co-ownership and better understand the independence of joint ownership further. Common relationship is the premise and core to distinguish between joint ownership and several co-ownership. Common relations and extended difference divide the boundary between joint ownership and several co-ownership together. Then the paper specifically analyze the distinction between joint ownership and several co-ownership and the independence of joint ownership from seven aspects. They are the premise and core, intrinsic value, partition of common properties, disposition of share, disposition of common properties, preemptive right, and other difference of the two types of co-ownership.The fourth part points out that the classification of the joint ownership and several co-ownership is essential in China's'Property Law'. Joint ownership system embodies combination of the relationship between property and identity and embodies the Chinese characteristic. Although we may have some problems in theory and practice, they can't influence the rationality of the existence of joint ownership.