Research On The Establishment About The Accession System Under The Legislation Of Our Country

Accession system is an old system of real law. It concerns that confirming property right, the transference of the real right and other important system, which will increase public wealth, optimize the redeployment of resources. But there are many disputed problems which related accession system in the theory of the civil law. Especially, the problem of the relationship of the accession system and the unjust enrichment,which has been the puzzle dom in the civil law. On the other side, if this system should be established in our country, there still exists severe disputation. In recent years, accession knottiness increase unceasingly, which make the contradiction between realistic needs and the blank of the legislation becoming more and more gravely. Therefore, it is necessary to research the accession system. This article discusses the accession system from the following five parts.Introduction, the author firstly sets forth the problem of the research of accession system and the actuality in our country, and confirms the research methods.In the first chapter, the author analyses a typical case of the accession system. On the one hand, the necessity to establish the accession system and its practical significance in our country, has been demonstrated; on the other hand, it builds the foundation as later discussion from the analysis of the case.In chapter II, the core issues about the accession system will be discussed. First of all, the nature of the accession system has been identified. In my view, the accession is the occurrence which the combination of movable property and property brings a new res. Secondly, after confirming the nature of accession, the author further analyzes the condition that the accession will happen, a new res brought because of the combination of movable property and property. And it is believed that the extent of combination should be fixity and sustainability. On the basis of the above analysis, the author believe that obtaining the property right of the new res by accession will not depend on other person's right and the identity of the rules about this system is mandatory, which has been affected by the value of the fair, justice, efficiency of the law. In the end, the legal effect of the accession system has been studied.Chapter III, we will study the relationship between the accession system and the relevant system. First, the relationship of the unjust enrichment and accession will be researched, including the conditions in which the unjust enrichment will happen and its legal effect under the accession system. Based on it, I believe the accession could be the legal reason to obtain the property right of the new res, which will prevent the unjust enrichment system from being applied. Secondly, the relationship between the accession system and tort has been discussed. And it is believed that the accession should not be substituted by the tort law.In Chapter IV, based on the previous analysis, the suggestion that how to establish the accession system in our country has been given from two aspects,the rule and its form. Epilogue, the summary of the accession system and its suggestion of legislation have been illustrated under the legislation of our country.