The story of "Three Brothers and the Purple Vetch Tree" from Xu Qi Xie Ji emphasizes the importance of familial bonds through the plot where the Tian brothers' division of their household causes the purple vetch tree to wither, only to revive when the brothers reunite. Reinterpreted from a modern legal perspective, this story highlights the positive role of family unity in the protection and inheritance of property.

The Story of the Tian Brothers and the Purple Vetch Tree

When the Tian brothers decided to divide their household and attempted to split the purple vetch tree, the tree withered. Moved by this, the brothers chose not to divide it, and the tree regained its vitality. The story symbolizes the indivisibility of family bonds, urging brothers to live in harmony, while also touching upon the issue of dividing jointly owned property in civil law.

The Meaning of Jointly Owned Property

Jointly owned property refers to an object owned by two or more individuals, including co-ownership by shares and common ownership. Co-owners by shares hold ownership according to their respective shares, while common owners collectively share ownership. In the story, the three Tian brothers jointly owned the purple vetch tree in front of their house, each having the right and obligation to manage it.

When Can Jointly Owned Property Be Divided?

This section discusses the conditions and circumstances for dividing jointly owned property. According to Article 303 of the Civil Code of the People's Republic of China, if co-owners have agreed not to divide the property, the agreement shall be upheld unless there is a significant reason to do otherwise. In the absence of an agreement or unclear terms, co-owners by shares may request division at any time, while common owners may do so only if the basis for co-ownership is lost or there is a significant reason. Compensation is required if division causes harm. The Tian brothers' decision to divide their jointly owned property upon establishing separate households aligns with legal provisions and practical circumstances.

How Should Jointly Owned Property Be Divided?

This section examines the legal regulations and practical methods for dividing jointly owned property. According to Article 304 of the Civil Code of the People's Republic of China, co-owners may determine the method of division through negotiation. If no agreement is reached, the property may be physically divided if doing so does not diminish its value. If division is difficult or would reduce its value, the property may be appraised and sold, with the proceeds divided. In the story, the Tian brothers initially planned to divide the purple vetch tree into three sections, which complies with legal provisions. However, other division methods were possible, such as appraising the tree and having one brother take ownership while compensating the others, or selling the tree and dividing the proceeds. Ultimately, the brothers chose not to divide the tree, maintaining joint ownership. Whether divided or not, they were dealing with valuable jointly owned property, while the bond of brotherhood remains priceless.