英文摘要
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The thing held in indivision can be specific use only when the decision is made by the majority of co-owners. To distinct differences between "the separate-management of the thing held in indivision by a covenant (separate-management covenant)" and "the separate-management of the thing held in indivision by the majority of co-owners' decision (separate-management decision)" is unnecessary before the Article 820 amendment to the Civil Law was adopted on July 23, 98th year of the Republic. However, the differences between the two have become significant after the amendment. Can specific use in the thing held in indivision by the majority of co-owners be applicable? Is specific use in the thing held in indivision by the majority of co-owners better by covenant or co-owners' decision? What is the legal basis for the "separate-management covenant"? The different legal effects between "separate-management covenant" and "separate-management decision" are not only applicable to the protection measures of the co-owners set out in the Article 820 II-IV, but also different in the unjust enrichment, the torts, and the claim in rem. In order to clarify these issues, this article aims to establish an explanation system and to provide reference for the academic and practical after the Article 820 amendment collates the "separate-management covenant" with the "separate-management decision" regarding their individual legal opinions.
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