论添附规则在民法分则中的构建

On the Construction of the Accession System Rules in the Specific Provisions of the Civil Law

自物权法产生以来,添附制度以其独有的价值处于整个物权体系乃至民法体系之中。而我国法律文本并未对添附制度做出详尽规定,司法实践中产生无法可依的问题。通过比较各国的添附制度文本,结合我国民法理念,在民法分则中构建添附制度:关于添附物的所有权,先遵循协议,后由法律调整;在处理债权时,对损失方给予价金补偿;在考虑添附人主观状态时,因善、恶意而区别对待。

Accession System,with its independent value,has been in the whole property law system and even in the civil law system since property law appeared. However,in China,there are no specific regulations about accession system in the legal texts. Therefore,in judicial practice,such a problem appears： people have no laws to rely on.This paper will propose how to construct accession system in civil law in the future by comparing the accession system texts in different countries and then combining the ideas in our country＇s civil law circle： with regard to the proprietorship of the accretion,it＇s better to follow the agreement and then use laws to make some adjustments; when dealing with claims,the losing party are supposed to receive compensation; when considering the subjective state of people who have accretion,they should be treated in different ways according to whether they have acted in good faith or in bad faith.