On The Interpretation And Application Of China’s Accession System

On May 28,2020,the first Civil Code of the People’s Republic of China established the system of accession for the first time in article 322.The purpose of establishing this article in the Civil Code is to solve the ownership of the objects caused by processing,connection and mixing,to settle disputes,to give full play to the economic utility value of the objects,and to provide a legal basis for the relief of the rights of the injured party,so as to realize equal justice of both parties and maintain social fairness.This article stipulates the constitutive elements and legal effects of accession in the normative expression.The accession constituent element is the fact that processing,connection and mixing have taken place.The legal effect is the determination of the ownership of the object and the determination of the liquidation relationship between the parties.The determination of property ownership belongs to the effect of property law,the determination of the liquidation relationship between the parties belongs to the effect of debt law.It is worth noting that article 322 does not stipulate the specific constitutive requirements of processing,connection and mixing,nor does it explicitly stipulate the effect of accession to jus in re aliena,thus it make this article become an "incomplete law".In addition,the determination of the ownership of the additions in this article is only a general provision of principle.Therefore,the inclusion of the system of accession provides a legal basis for the solution of relevant legal issues,and at the same time,it also puts forward many problems to be solved from the perspective of interpretation,such as the constitutive elements of processing,connection and mixing,how to harmonize the two principles of “giving full play to the utility of the object”and “protecting the no-fault party”stipulated in the first sentence of article322.The purpose of this study is to clarify the rechtsdogmatik of the system of accession stipulated in Article 322 of the Civil Code,and to put forward my own views on the relevant controversial issues.This article is divided into three parts.The explanation and application of China’s addition system are discussed in detail.The first part is the general description of the content of the accession specification.Firstly,the intention and function of the accession specification are introduced.Secondly,the author has carried on the detailed argumentation to the dispute of adding the normative nature.There are many controversies about the nature of accession specification norms in academic circles,including "mandatory norm theory","difference theory" and "arbitrary norm theory".The more influential ones are "arbitrary norm theory" and "difference theory".In terms of the normative nature of Article 322 of the Civil Code,the author thinks it is appropriate to adopt the "difference theory".Finally,as for the legal structure of accession norms,the normative structure of Article322 of the Civil Code mainly consists of two parts: constitutive elements and legal effect,and the legal effect is divided into the effect of property law and the effect of debt law.The author discusses the constitutive elements and the legal effect in detail.The second part elaborates the specific constitutive elements of accession and its effect of property law in detail.Addition can be divided into processing,connection and mixing.Processing,connection and mixing have their own specific constitutive elements.Correspondingly,the effects of property law produced by processing,connection and mixing are also different.Therefore,the author add the specific constitutive elements and their respective property law effect in the same part of the discussion.In this section,The author analyzes the concrete constitutive elements of processing,connection and mixing and the effects of property law.The third part is the concrete demonstration of the effect of debt law produced by the accession norms.The effect of debt law of the accession norms is mainly manifested in the relief of the damaged party.The law gives the party who lost the title to the original thing in the addition a right of claim against the party who acquired the addition.What is the nature of the claim? The academic circle also has a dispute to this,the academic circle is said to be unjust enrichment theory.In the process of accession,tort relationship often occurs.How to clarify the relationship between accession system and tort act system? What is the relationship between unjust enrichment and tort damages?The author mainly analyzes and summarizes the relationship between the accession and the debt of unjust enrichment and the debt of tort,and analyzes the conditions and treatment methods of the concurrence between the claim of unjust enrichment and the claim of the right of compensation for tort under the condition of accession.