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共有之形态是所有权主体复数化的一种表现形式,但其性质、内容和效力与单独所有权无异,仅仅在实际行使权利时会受到共有关系的影响。我国物权法第97条规定了共有物的处分,但是如何理解物权法的规定仍然存在较大争议。本文立足于我国现行法律的规定,在解读物权法的基础上对共有物处分中涉及的两个主要的问题——即对“处分行为”的界定,和对“擅自处分共有物行为的效力”的定位——给出了自己的见解,希望能够在理论上和实务上对物权法的实施和适用有所帮助。
The common form is a manifestation of the pluralization of ownership, but its nature, content and effect are the same as those of the sole proprietorship. It is only affected by the common relations when the rights are actually exercised. Article 97 of China’s Real Right Law stipulates the punishment of the common property, but there is still a big dispute about how to understand the provisions of the property law. Based on the provisions of current law in our country, on the basis of the interpretation of the Property Law, this article defines the two main issues involved in the sanctions on the common property - the definition of “sanctions” and the “ Effectiveness ”- given their own opinions, hoping to be able in theory and in practice on the implementation of the law of property and application of help.