论共同共有制度的源流

共同共有在古代社会普遍存在,它植根于传统农业社会的生产条件,依靠团体本位的思想观念而发展壮大。早期罗马法同样存在共同共有。古典法时期的罗马法只认可按份共有的法律地位。日耳曼法确立了典型的共同共有类型,为德国、瑞士民法所继受。基于相似的历史条件,共同共有在我国民法中也占有一席之地。然而,伴随现代工商业快速发展和个人本位民法理念的深入人心,共同共有制度正在走向衰微。

Origin and Development of Common Co-ownership

Common co-ownership is widespread in ancient society. It is rooted in the production conditions ＂in traditional agricultural society and develops on the basis of community-based ideology. It can also be found in early Roman law. While classical Roman law only admits co-ownership by shares, Germanic law establishes the position of common co-ownership, which is inherited by the civil laws in Germany and Switzerland Due to similar historical conditions, common co-ownership occupies a position in Chinese civil law. However, with the rapid development of modern industry and commerce and the formation of the individual-based civil law, common co-ownership is on the wane.