實體法與程序法交互作用下的共有物分割之訴

Lawsuits about the Division of Co-owned Property from the Interactive Perspective of Substantive and Procedural Law

在共有物分割之訴中，實體法與程序法呈現出明顯的交互關係。一是圍繞共有物分割滋生的實體權利義務爭議涉及諸多事項，基於實體權利義務的一體性，應對爭議事項做一攬子解決。這就導致共有物分割之訴突破了程序法的訴訟類型區分，囊括了確認 之訴、形成之訴與給付之訴等多重內容。二是實體法上關於裁判分割方法的確定，具有明顯的非訟屬性，而共有人份額的確定、是否符合分割條件的判斷，則屬於典型的訴訟事件。這就導致共有物分割之訴兼具非訟向度與訴訟向度，但為效率計，仍應在一個訴訟程序中一併解決。三是在具體確定起訴條件、分割方法、他項權利人的訴訟地位、訴訟費的分配時，亦涉及實體法與程序法的交錯問題，應同時滿足二者的要求。

Both substantive law and procedural law interact with each other during the lawsuits about the division of co-owned property. The disputes arising from the division of co-owned property are related to many issues which require a package solution because of the integration of substantive rights and duties. As a result, the traditional classification of lawsuits will be unsuitable since the division of co-owned property contains such issues as confirmation, formation, payment and so on. The judgment rules for the division of co-owned property have obvious characteristics of no-lawsuits, while the confirmation of shares and the prerequisites for division are typically lawsuits. Therefore, lawsuits about the division of co-owned property have the characteristics of lawsuits and non-lawsuits. For the sake of efficiency, all the concerned issues shall be solved in a single lawsuit. As for the prerequisites for filing a lawsuit, the division rules, the status of other parties and the allocation of court costs, the interaction of both substantive law and procedural law is also obvious.