英文摘要
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When a piece of land held in indivision is partitioned, the houses originally built on top of it by the co-owners of that land become an issue to handle. Case in point, as we deal with a land held in indivision is partitioned by sale and distribution, and the base of a house is also acquired by other co-owners. Whether that house is entitled to possess attracts attentions. Does the house have to be demolished and returned to the co-owners, respectively? Whether article 425-1 of the civil law is applicable is a key factor to evaluate. The Supreme Court has recently gradually recognized that either a house or a land held in indivision can be jointly owned by applying article 425-1. (e.g.: The co-owners of the land other than those of the house are still applicable to share ownership of the house.) Nevertheless, Supreme Court's verdict in the 107th year labeled as Tisun character the 879th seems to deny the applicability of article 425-1 by arguing the theory of the warranty of defects and the conclusion of the separate-management convent. This stance is worth further evaluating. The author argues that the principle of priority purchase right in article 824, paragraph 7, and the priority principle of partition of the thing held in indivision itself than by sale and distribution for the preservation of the house, can play a complementary function in this regard, which is the main focus of this research paper.
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