【摘要】 共有物分割之诉是基于共有物分割请求权的裁判行使而产生的诉讼,其诉讼标的为具有形成权性质的共有物分割请求权,具体包括请求分割共有物之诉与确定共有物分割方法之诉两种表现形态。共有物分割之诉不属于非讼事件,应定性为诉讼事件,且为形成之诉,而非给付之诉。更多还原

【Abstract】 The litigation of joint property division is the one resulting from execution of judgement based on right of claim for joint property division. Its subject matter is the claim for joint property division with right of formation as its attribute,specifically involving the litigation of claiming joint property division and that of confirming the methods of division. The litigation of joint property division does not belong to the non-contentious matter,which is supposed to be defined as a contentious matter as well as legal action of formation rather than that of performance.更多还原