Appended Ownership Problem Research Company

Appended system since the Roman law has been the national ownership of the property law recognized in a way, although countries because of its own history, culture, society, economy and so on many reasons leading to the formulation of the appended system in the concrete content and scope of application, as well as differences, but both in continental law system and in Anglo-American law system, set up the appended system. In China under the circumstances of the state and the collective land, the land use right after the expiry of the lease contract, the land use right of legal construction on the rent of land ownership of appended on the ownership of the problem to be solved. This article embarks from the case, the key to the land after the termination of the contract that rent appended ownership and compensation problem how to deal with.This paper chose the metal company and investment company land lease contract dispute case, puts forward the land after the termination of the contract that rent, how to deal with appended the belonging of the ownership and aggrieved party economic compensation problem, in view of the problems is analyzed, and put forward the corresponding countermeasures. This paper includes the following several parts, the first part: the company land lease metal Co. v. in gansu province gansu international trust &investment introduced the details of a case of a contract dispute case, summing up the case of disputes. The second part: summary of the case dispute focus of disputes involving property rights related to appended aspects elaborates the legal theory,analysis, through analysis the author’s handling of the case. Combining case, the paper discusses the present situation of China’s accession system and defects and using the theory knowledge of law to the dispute focus to the case involved the appended produce effect of real right and creditor’s rights and effect analysis, emphatically discusses appended the belonging of the ownership, appended behavior after the occurrence of rights damage compensate such problems as theoretical analysis. The third part: to discuss the theoretical basis and development status quo of appended system, analyzed in our country, the necessity of independent appended system specified in the property law, and the appended system in our country the construction of proposed own view.