论添附的物权效果--兼论物权法草案建议稿有关条文的设计

基于物的整体性原理 ,添附取得的客体是添附形成物 ,即合成物、混合物、加工物。从德国民法典的有关规定可以看出 ,添附性质有二 ,一是不动产附合因不存在合成物 ,不发生所有权取得 ,仅发生不动产所有权的扩张 ,二是动产附合、混合、加工发生动产的原始取得。基于担保物权的物上代位性 ,添附的原始取得并非不带任何负担 ,原始取得是不带负担的取得的命题不具有绝对性。因此 ,中国物权法立法时应广泛吸收不同意见

On the Effect of Real Right Resulting from Accretion--An Incidental Study on the Plan of Relevant Clauses in the Draft Proposal of Real Right Law

Based on the theory of overall quality of things, the object of accretion acquisition is the accretion forming things, i.e., composition, mixture, and processed goods. Through the study of relevant regulations in German civil law codes, the accretion has two qualities. Firstly for there exists no composition in the adjunction of real estate, there is no acquisition of ownership , but the extension of the ownership of immovables. Secondly, the adjunction , mixing, and processing give rise to the original acquisition of movables. However, in consideration of the subrogation on things of real rights for security, it doesn't mean that there is not any burden on the original acquisition .Therefore, the proposition that the original acquisition is one without burden is not absolute. Based on these ideas, the author suggests that different viewpoints be absorbed in the legislation of real right laws in China.