The Adhesion Of Chattel

There are three types of accession,confusion, adhesion and processing,and there are adhesion in current judicial interpretation of china only.It occured in decoration in the leased house.Based on theoretical and practical problems, adhesion is the center topic in the article.In theory, the domestic scholars focused on the status of accretion in the Property Law, and the relationship between the right of creditor and the compensation. Faced the decoration in the leased house,combined related judicial interpretation,some scholars are given the appropriate questions and comments.The issue of the theory mainly focused on the relationship between the several major claims rights,the view of theoretical and judicial practice,there are still gaps.In the judicial practice,the application of law is not unified,and there are loopholes in the law.The supreme court give a judgement by the traditional theory. After the introduction of judicial Interpretation [2009] No.11, the practitioners focused on three major problems, and the consideration of the compensation.According to the legal rules,the section86of Opinions of the Supreme People’s Court on Several Issues concerning the Implementation of the General Principles of the Civil Law,it gives judges discretion,take a moderate approach,beside the agreed situation,it gives a discounts compensation claim right when adhesion occured. After the introduction of judicial Interpretation [2009] No.11,it divide goodwill and malicious according to the consent of the lessor,and give the answer about the relationship between the right of claim for unjust compensation,and property.The Article12of judicial Interpretation [2009] No.11is based on trading habits, it needs further discussion when it does not meet the trading habits,face judicial interpretation, the Article11needs further discussion related to the some rule of The Contract Law.About the decoration in the leased house. In the vision of theoretical and practical,three major problems are:first, how to determine the conditions of adhesion.Second, whether or not to compensate when adhesion formed.Third,the range of compensation.The question of the application of law,focus on the original provisions applicable relationship with new judicial interpretation.To solve the above problem, this paper based on the practical application, analyse view by traditional theory,make recommendations to the relevant law application,make the theory guiding practice. This article is divided four parts to explain:In chapter one, the author makes a statement about the element of adhesion,which include subjectivity element and objective element,the objective element to answer how to judge a adhesion conditions.The subjective conditions give a answer, which is whether or not to compensate when adhesion formed.Article86provides a adoption with a flexible approach,beside the agreed situation,it gives a discounts compensation claim right when adhesion happened.After judicial Interpretation [2009] No.11introduced,it divide goodwill and malicious according to the consent of the lessor.Decoration without the consent of the lessor, the lessee shall not be compensated,the consent of the lessor give the answer to the relationship between legal adhesion and tort.In chapter two,to present the purpose of the legal norm through the methods of comparison study,which include creditor’s equity and the economic usage of property rights,when we analyze the purpose of the legal norm still need to be combined with legal effect, so as to resolve the compensation when adhesion formed.In chapter three,the author introduces the legal effect, including real rights and debt rights, real rights is one way of original acquisition, the possessor of the real estate acquire Chattel.According to China’s regulations, may also agreed to reach the agreement of the ownership of the decoration. The debt rights exist several theories and different legislative cases,to be reflected in the purpose of the legal norm,face creditor’s equity and the economic usage of property rights,different legislative cases take different legal technology.In chapter four,the author makes a statement about application of law.The Article11and12of judicial Interpretation [2009] No.ll,about Article11,according to the specific circumstance, the Article11can be apply to the condition conform to the provision of the contract law.The Article12of judicial Interpretation [2009] No.ll is based on trading habits,when the compensation then does not fulfill trading habits and Article12cannot be applied, the section86of the General Principles of the Civil Law should be applied as an alternative.Besides,this chapter give a general statement about concurrence of the right of claims when adhesion happened,the effect of debt rights and the consideration of the compensation happened in decoration in the leased house.