Reflection on Accession Regulation─Focus on the Essence and Effect

• Main Authors: Chia-Yen Tu, 杜佳燕
• Other Authors: Tzong-Leh Hwang
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/57062331690835341246

碩士 === 中國文化大學 === 法律學系 === 100 === The legislative intent of the accession regulation is to protect socio-economic to maintain the overall economic benefit of the continuation, in order to protect the public interest of the high degree cannot choose but sacrifice the low interest. Civil Law instituted the accession regulation to determine the ownership of the continuation. It may cause one party affect by the interest but the other party has caused damage that it is a brief provision of the legislation technically to get the ownership of the continuation. Legislators especially endow with people who have caused damage by the accession regulation that it applicable mutatis mutandis the stipulation of unjust enrichment to apply for the price of the damage. At first, this text declare the premise of the accession must be based on facts. Secondly, this article introduce the constitutive elements and the Legal effects of the accession regulation. The combination of the continuation must belong to different owners or different owner of the materials and services that its degree of combination cannot be separated or identified without damaging or requiring fee too high. This article believes that the process object does not need to become a new object only according to the value of the increase of the process more than the original value. Last but not least, accession may accompany forced enrichment, torts, negotiorum gestio, the possession of no right or the mistake of the payment relationship that we have to solve the rights is competing or elimination relationship. This article proposes “return the same type thing”that it refer to French legislation, this article think it can be our legislative reference.