Interpretation of the Civil Code Common
Property Co-management Management Cost Sharing
In the family life of family members and in partnership affairs between friends, there are often common assets that need to be dealt with. The Civil Code stipulates that joint property is jointly managed and management expenses are shared.
A, B, and C opened a small supermarket in partnership, and the three agreed: A invested 35,000 yuan to buy a van for daily purchase and delivery, B and C each contributed 20,000 yuan in cash as working capital, B was in charge of operation, and C was in charge Accounts. Due to an emergency during the transportation of the goods, A had to store the goods in someone else’s warehouse, incurring a management fee of 10,000 yuan. A paid in advance, and then asked B and C to bear the costs together. However, the three have different opinions on this, so how should the management expenses of the joint property be borne?
Article 297 of the Civil Code stipulates that real property or movable property may be jointly owned by two or more organizations or individuals. Co-ownership includes joint ownership and joint ownership. Article 300 of the Civil Code stipulates that the co-owners shall manage the real or movable property jointly in accordance with the agreement; if there is no agreement or the agreement is not clear, each co-owner shall have the right and obligation to manage it. Article 302 of the Civil Code stipulates that if there is an agreement on the management fees and other burdens of the co-owner, the agreement shall be followed; if there is no agreement or the agreement is not clear, the co-owners shall pay according to their shares, and the joint co-owners shall jointly bear them. Article 308 of the Civil Code stipulates that: if the co-owners do not agree that the real property or movable property is jointly owned by shares or jointly, or the agreement is unclear, unless the co-owners have family relations, etc., they are deemed to be shared by shares.
Attorney Zhang Dian from Hubei Haolü Law Firm stated that the provisions of the Civil Code clarify the basic rules for joint property management and management costs. In this case, the three persons of A, B and C contributed capital according to their share and enjoyed ownership of the supermarket property. The management fees incurred by A during the purchase are reasonable expenses incurred by the joint property. Since the three of them did not agree in advance, they should share the share of capital.
From the perspective of judicial practice, in order to avoid conflicts and disputes between property co-owners, attention should be paid from three aspects: First, it is necessary to pay attention to consultation and agreement on related management matters and debt bearing methods of joint property as soon as possible, and do not wait for the real Disposal of the property must be negotiated; second, it must be clear whether the co-owners are jointly or by share, and the specific ratio between the co-owners must also be clarified in terms of share; third, be clear in writing as much as possible, especially if it involves When the value of the property is large, it needs to be signed and confirmed by all parties.
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There are statutory rules for common property facing major voting
Article 301 of the Civil Code stipulates: Disposal of shared real property or movable property and major repairs, alteration of nature or use of the shared real property or movable property shall be subject to the consent of more than two-thirds of the share or all joint co-owners , Unless otherwise agreed between the co-owners.
"There are statutory rules for common property facing major voting." Attorney Zhang Dian said that when there is no agreement between the co-owners, China's law has special provisions on the three types of handling of common property: one is to dispose of the common property; the other is to deal with the common property. Major repairs; the third is to change the nature or use of the common property. When dealing with these three types of matters, the consent of the co-owners or all co-owners who account for more than two-thirds of the share is required, otherwise the relevant legal actions will be deemed invalid.
(Geng Shanshan, Changjiang Daily reporter)