构建明智简约的添附制度新体系

从古罗马法以来,添附制度即被寄予维护价值与鼓励创造价值的社会经济使命。这一添附制度传统在试图解决特定问题的同时,另外产生了更多问题。在我国制定物权法之际,有必要检讨传统的添附观念,根据奥卡姆剃刀原理的启示,建构一个明智简约的添附制度新体系。

Reconstruction of the System of Accessio according to the Principle of Occam's Razor

It is keeping values and encouraging value-creation that has been interpreted as the main aims of accessio since Roman Law. Whereas the traditional system of accessio brings about more questions theoretically and practically than those it was intended to resolve. While the Chinese Property Law is being enacted, it's necessary to re-review the systems and conceptions of accessio according to the principle of Occam's Razor and so to construct a sophisticatedly simple new system.