The Effect Of Accretion

The accretion of the property law system since the Roman property law recognized by all countries,it is recognized property rights,caused by changes in the property system of property rights an important and indispensable in the system.Although countries because of social and economic systems,historical and cultural reasons for differences in accretion of the specific content of the system and the scope of application of different,but there is no doubt that accretion system as a method of property value change is beyond doubt,accretion system Construction of the science will help to maximize its function,increase social wealth,and optimize the allocation of resources,to achieve fairness.Legislative design of China's accession system very briefly,the effect of the accretion system in the lack of specific norms,at the same time in the judicial practice,limited by the legislation rarely accretion of the case as the basis of specific cases.In view of this,this paper to demonstrate the effectiveness of accretion,and System of China's accession to the proposals with a view to China's property law the construction of theoretical research and legislative system in the area of accretion more attention.The full text is divided into four parts:The first part of the impact of accession on the effectiveness of the factors system demonstration,come to the form of accretion of the system design,first demonstrated the formation to determine the final accretion of the rules of ownership as a peremptory norm or arbitrary norms and the parties may agree to form accretion complex issues of ownership of property changes.Then,to discuss autonomy and answer on the property took place in the accretion malicious when given good material in the accretion to obtain access to the ownership and compensation between the right to choose.Once again, demonstrated that the accretion of movable property to determine the effect of the key,to explore together in the movable property attached,mixed cases,the determination of master-slave.Answered the functions and values that have been arguing over that issue. And then studied the real estate and the rights of Tim attribution given,finally,on the processing and comparison of material and put forward their own advantage.The second part of the accretion through the current academic discussion of the nature of claims,demonstrates the effect of accretion of the nature of the claims.Then right on the unjust enrichment of the contents of the request,the scope of that right to the scope of the request should be in accordance with the provisions of unjust enrichment system to distinguish between the beneficiaries of the good,to identify malicious.And at the good,the situation reached a malicious negative price to repay the amount of the obligations and the other party to elect to receive value.Finally,the competing claims of tortious liability where an in-depth explanation derived from the protection of damage to people's point of view,will give the damage to the right to choose who is allowed to make in accordance with the interests of their own choice between the two.The third part deals with aspects of the effect of accretion on the impact of a third person.After the accession,as the legal allocation of resources is bound to the accretion by the third person's property rights have an impact on benefits.Third person or the eradication of the original,no longer entitled to the usufruct property rights;or accretion formation still enjoy the possession of power.Accretion not only to benefit a third party property caused by the impact on third parties will also have a security interest in the impact can not be ignored.And discussed the accretion of the effectiveness of the impact of the mortgage,including all alone and a total of accretion formation formation in two casesThe last part deals with the legal system of China's accession to build.Summary of accretion of the property claims of the effectiveness of a third person,in accordance with the system of accretion-related tectonics theory,from the Legislative Council the content of models and put forward specific legislative proposals.