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ID 41670
本文ファイル
別タイトル
A study of partition by litigation
著者
坂井 智典
NDC
法律
抄録(英)
There are cases where several persons jointly own certain property, called co-ownership. The termination of co-ownership requires a partition, which can be obtained either by mutual agreement among the co-owners or by a partition action. With respect to partition by litigation, Article 258, paragraph 2 of the Civil Law prescribes the so-called partition in kind and partition by sale as the means for partition by litigation. However, in actual cases of litigation, various types of partition other than those prescribed by the law are permitted. Legal theories discussing the tendency of judgments rendered in litigation so far have focused on questions such as whether partitions other than those prescribed by the law are permissible. Furthermore, discussions regarding the types of partition permitted in litigation have given rise to the following questions: (i) what types of partitions can the court elect and what types of cases should it deal with, and (ii) what are the mutual relationships among the types of partitions? Few discussions or theories have addressed these questions so far. Additionally, because litigation to partition property differs from other litigation, and is not bound by the intentions of the litigants, it is difficult for litigants to foresee the possible outcomes of the action. Therefore, this paper seeks to find possible answers to the aforementioned two questions by reviewing the context of Article 258, paragraph 2 of the Civil Law, as well as the discussions that occurred in its drafting.
掲載誌名
廣島法學
40巻
2号
開始ページ
164
終了ページ
135
出版年月日
2016-10-28
出版者
広島大学法学会
ISSN
0386-5010
NCID
言語
日本語
NII資源タイプ
紀要論文
広大資料タイプ
学内刊行物(紀要等)
DCMIタイプ
text
フォーマット
application/pdf
著者版フラグ
publisher
権利情報
許可なく複製・転載することを禁じる。
部局名
社会科学研究科
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