The Research On Real Property Adhesion System

Accession is an ancient system originated in ancient Roman law. The ancient Romanidentified the rules that personal property appended on main things, the main owner acquiredthe ownership of accessories. The rich system contained lots basic principles of accession,which had a significant impact. Accretion is considered to be the important method andsystem of property rights in the Property Law of civil law state, which is a confirmation of theimportant rules of property rights. Among them, the real property adhesion which is one ofthe important content of accession system has great significance to solve practical problems,the civil law states usually require particularly. However, in this sense, legal norms are stillimperfect at present in our country.Based on the practical social needs and theoretical research gaps, this thesis, through thecomparison research, induct and summarize the provisions or spiritual essences of the realproperty adhesion in different countries or areas, refining the significance to our country, putforward to perfect our system of the real property adhesion along with the basic idea.This thesis includes five parts:The first part, the preview of the real property adhesion system. Since Roman times, realproperty adhesion is an important content in accession system, which has been brought to theattention of the continental law countries and regions. Personal property due to thecombination and become an important part of the real property, referred to as real propertyadhesion. The economic interests of the maintenance and trading ideas, transaction security isconforms to the specification of the purpose and core values. The personal property and thereal property has closely integrated, forced separation may damage them, therefore, thecontent of the core specification is not allowed to have adhesion of the personal propertyforcibly separated from real property.The second part, the components of the real property adhesion are summarized, andemphatically discusses the "important component" of the problem. The "importantcomponent" of judgment is related to whether the personal property and real propertyownership that form the adhesion as well as the adhesion problem, how the law regulationsabout "important part" and regional different, different scholars have their different opinions,but all agree that the determination of three principles of standard that is "solid" and "continue" and "independence". The author thinks that the so-called personal property becomean important part of the real property, should be related to reach the level of rigidity andcontinue, and the personal property has lost its independence as the judgment standard, thejudgment standard in practice operation also accord with our system maintenance the interestsof the social and economic purpose.The third part, the availability of real property. Add attached in the real personalownership, countries or areas allot the personal property belong to real property owner, whichconforms to the specification of the purpose, also facilitate the practice of operation. In theclaims arising from the relationship, by simplification of compound ownership legislationtechnology, losing all of chattel ownership of personal property can be in accordance with therelevant regulations of the unjust enrichment, to get along with content owners requestcompensation, but shall not return the keepers, and be attached to the property of all thepeople shall not claim ownership to rule out sabotage. On the issue of forced benefit, becauseon the issue of ownership and without considering appended subjective of bona andmalicious people, therefore, after the approval of the liquidation relationship, appendedsubjective situation between bona and malicious people, should be considered based on thebalance of rights and obligations between the parties.The fourth part, discussion on practice and rules of special problem. Whether based oncertain power source can be ruled out applicable rules of real property issues, the authoranalyzes the "law" provisions and practice in Taiwan, the Taiwan region to exclude powersource which limited in the work is not separated from land of fruit trees and two kinds ofcircumstances, is to endow them with independent ownership, ruled out for real propertyalong rules, a value of reference. For unfinished buildings, Taiwan physical sector’s view thatbecause of its independence and the possibility to complete, it is not recognized as constitutean important component of the land, its exclusion applies real property conforms to the rules,and has practical operability. Appended are subjective, bona and malicious will not affect theadhesion of ownership, but in subsequent compensation and the compensation relationship,should consider appended man’s subjective, bona or malicious.The fifth part, focus on building real property adhesion system of our country. First of all,the legislation system of real property along with our country at present is not perfect,accurate reconstruction system of real property is necessary. Usually, real property’s valuegreater than personal property’s value, considering the convenient legislation, the real property owner get the personal property, this is a mandatory regulation, which is not allowedto change by consensus. Anyone who lost his right has the right to the unjust enrichmentclaim request along with content owners to return its value, or compensate for the losses, butnot request restorable. In malicious adhesion, due to the malicious appended behavior by allof loss of personal property, anyone can request to return the personal property correspondingprice is extra, also damages; Due to the malicious appended behavior by all of the loss of thereal property, refused all chattels is the request of the return value, and to claim damages.