Research on the Application of Attribution Norm of Processed Things in Civil Code
"The principle of giving full play to the utility of things"and"the principle of protecting innocent parties"are at the center of attribution norm of processed things in Civil Code.Compared to deriving applicable results through simple analysis,it is more in line with methodological requirements to conclude by way of concretizing principles into rules,coupled with detailed demonstration.The use of interpretative methods to clarify the core meaning of single principle is a preliminary stage in the process of concretizing principles."The principle of giving full play to the utility of things"supports the acquisition of processed things by the party who can get more satisfaction."The principle of protecting innocent parties"supports the acquisition of processed things by the innocent party and gives it the right of refusal.When the two principles are in collision,they can be resolved by drawing on the law of collision and the law of balance,the key to which is to look for preferential conditions in order to establish a preferential relationship.With the clues provided by the two principles,we can distinguish between intentional processing and negligent processing for discussion.In the case of intentional processing,"the principle of protecting innocent parties"takes precedence;in the case of negligent processing,"the principle of giving full play to the utility of things"takes precedence,unless the processor is grossly negligent.
processed thingsattributionthe utility of thingsinnocent parties
万方数据
维普
