Study Of Accession System

Accession system is legislated in several major continental-law country as one ofimportant property systems from old Roman law. To our sorry, it isnot provided inproperty right law of china. Nowaday, disputes about accession is increasing, butbecause of depletion of legislation, judges seldom apply accession rules to relove thedisputes so that it is much waste of social resource. In academic circles, there isnotmore attention on accission except strong argument on existence or abolition ofaccission in 2004. The author wants to discuss the accission superficially in thisthesis.In chapter one, the author makes a general statement about accession system. Fistly,the connotation of accission is defined as the legal fact of alteration of property rightfrom different person's things or labor according to law. The basic content ofaccession also includes its classification and history. Secondly, the author discusses itsfunction to avoid to co-ownership and protect their value.In chapter two, the author makes a statement about constitutive requirements ofaccession. There are three types of accession, connection, confusion and processing.The connection should include connection of real estates and then composes twomajor important document in common. Confusion is similar to connection inconstitutive requirements. Compare with connection and confusion, the fuction ofprocessing is to encourage the creation of value. The processing doesnot include thebehavior of process according to contract and must include the document of new things. Finally, the author discusses the conflict in accession.In chapter three, the author makes a statement about legal effects of accession. Thelegal effects of aceession include the effects of real rights and the effects of debt rights.The author considers that its nature is one way of original acquisition and a expansionof ownership. Although it has a aspect of imperative law, it is a dispositive law inultimate meanings. Meanwhile, the effects of real rights donot consider person'smalice and goodwill. Next the article analyses the influence of third party underaccession system. The effects of debt rights is to help the loser and its nature is unjustenrichment, if the actor is baleful, the loser has the right of claim for compensationtoo. Finally, author discusses the relationship between unjust enrichment and tort.In chapter four, the author makes a statement on the establiment of our country'sinstitution of accession. There are some special customs in history of our country'sinstitution of accession. It must be legislated in our property law. Then, the autherproposes the concrete provisions.