Comments on Article 322 of the Civil Code(Additions)
Article 322 of the Civil Code aims to determine the ownership of new things arising from additions and adjust the claims arising from them.The original acquisition of ownership of new things must be determined by law and is not within the scope of private autonomy.The"agreement"of the parties can only apply to the subsequent acquisition of ownership of new things.Due to the fact that the first sentence of this article only stipulates that the initial ownership of the new property shall be determined based on the principle of fully utilizing the utility of things and protecting innocent parties,and does not make clear provisions on the con-stituent elements and legal effects of processing,combining and mixing,the court must absorb relevant theo-ries,comprehensively consider factors such as efficiency and fairness,and make a judgment based on the specific case.The second sentence of this article is a reference provision aimed at adjusting claims derived from additions."Compensation"refers to the right to claim non-performance unjust enrichment,while"in-demnity"refers to rights to claim tortious damages,breach of contract damages,etc.
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