共有物返还诉讼若干问题研究

On Lawsuit concerning Common Possessions

共有物返还诉讼涉及到诉讼标的、当事人适格、诉讼形态、既判力等诸多问题,目前祖国大陆学者对此少有论述,对于有关问题的认识也存在较大的差异。我国《物权法》上虽然有关于共有的规定,但却没有规定共有物返还请求权究竟如何行使以及行使的效力如何。如何对共有人权利予以保护,期待我国法律有更明确、更细化的规定。

Lawsuit concerning common possessions involves many issues such as the object of litigation, the justification of parties, the form of litigation, res judicata and so on. At present, China's Mainland scholars have seldom discussed this matter; therefore there is a wide spectrum of opinions about it. Although Property Law prescribed common possessions, how to exercise the claim of restitution and what effect China＇ s can be a-chieved are not prescribed. Therefore an in-depth study on this issue is necessary.