On The System Of Apposition Structure

Accession system is an old system of real law. It is one of important systems which can confirm property right and cause transference of real right. If we can construct it scientifically, it will perform its function greatly. It will increase public wealth, optimize the redeployment of resources and realize fairness which is the ultimate value of law. In recent years, accession embroilments increase unceasingly, which make the contradiction between realistic needs and backwardness of legislation more and more prominent. Therefore, it is necessary to do abstract research on accession system. The careful study of it can provide solid theoretic basis for the construction of accession system. It is also helpful to improve accession legislation. The article takes it as a starting point, and studies the constitution of accession system comprehensively. Accession system's constitution is the right and duty relationships caused by accession, including internal relationship and external relationship. The internal relationship is the basic right and duty relationship between litigants. It includes two aspects: real right effect and debt effect. The real right effect of accession refers to the judgment of property ownership, and the debt effect is about unjust enrichment and tort legal relations, which touch on the right of claim restituting unjust enrichment and the right of demanding compensation. The external relationship of accession is the right and duty relationship between litigant and the third party. It has strong influences on usufruct and security interest of the third party. On the basis of discussion about accession system's constitution, the article formulates the construction of the system with comparative method. The article elaborates accession system's constitution from five aspects.In chapter one, the author makes a general statement about accession system. The basic content of accession includes its connotation and classification. Then, the author introduces the meanings of other ultimate concepts in accession system. It will provide solid foundation for further research. Next, the article gives a summary of legal characteristic about accession: associability, not recoverability and complexity.Chapter two deals with real right effect of internal relationship, which is the logical beginning of accession system. The real right effect judges the ownership of property. How to cognize its nature is the premise of entire research. The author considers that its nature is one way of original acquisition, and the object of acquisition is accession formation. The second stratification of real right effect is the nature localization of accession legal norm. It is necessary to inspect the relationship between accession legal norm and autonomy of...