Simple Theory Of The Attaching System

Attaching system is an important regulation that ownership law affirms the thing belonging to in every country, and also is an important regulation that ownership changes. From the ancient Rome law, attaching system is added the society economy mission being to be given upkeep value and encouraging creating value. Since our country legislation is not perfect, and do not make clear that legally ,the judiciary explains a little bit of brief regulations , which are difficult to resolve great quantity of dispute in practice. Therefore, the article compares the attaching system of continent genealogy of law and UK-US genealogy of law , summing up out two fundamental regulations on ownership category to give unmovable and movable property attaching, mixing , processing the law effect, which restricts judge's discretion , provides one generality standard and law basis. At the same time, it also has a benefit problem. According to the common theory, the person getting benefit objectively , have made the people who loses right have requested returning of the interest according to illegal profit ,the tort compensation for damages not to be affected. According to the common theory, the person getting benefit objectively , have made the people who loses right have requested returning of the interest according to illegal profit ,the tort compensation for damages not to be affected. The tort may means the person getting profit invades the person losing profit (including the person who have the proprietary right and other rights of ownership),or the person losing profit invades the person getting profit, or another person besides the person getting and losing profit still invades the right of them. Under the first and third kinds of conditions, the direction of requesting rights is consistent, which can be handled according to competing regulation.However,under the second condition, two kinds of rights are inharmonious and may conflicts. The article has discussed the relation between attaching system and requesting rights to make every effort to make the logic system clear. Besides, some scholars suggest the subjective mistake should be added into the attaching system by legislation. The author holds the denial manner, and performs to prove.