论《民法典》添附条款的解释与适用
On the Interpretation and Application of the Accretion Provisions of the Civil Code

《民法典》322条的添附条款包含加工、附合与混合行为的构成要件、确定物之归属的物权法律后果、保障损害求偿的债权法律后果。构成要件的理解需结合学界通说，厘清加工、附合、混合行为共性、个性及添附新物特质。物权归属原则按序适用，当事人约定优先、法律规定次优先，均无法适用时以效用原则为主，保护原则限于故意添附的例外。债权请求权分类型适用，过错损害适用侵权；确定物之归属损害适用不当得利债权；若两债权归于一人，受损方两种债权竞合；两债权分属双方时，添附人的主观过错决定债权效果，故意添附因构成强迫得利而不属于不当得利之债。
The accretion provisions of Article 322 of the Civil Code include the constituent elements of processing, attachment and mixed behavior, the legal consequences of property rights for determining the ownership of things, and the legal consequences of creditor’s rights for safeguarding damage claims. The understanding of the constituent requirements should be combined with the general theory of the academic community to clarify the commonness, clarify the commonness and individuality of processing, attachment and mixing behaviors, as well as the characteristics of adding new things. The principle of ownership of property rights is applied in order. The parties agree on priority and the law stipulates secondary priority. When they cannot be applied, the principle of utility is the main principle. The principle of protecting no-fault parties is limited to the exception of subjective intent. The claim of creditor’s rights is applicable according to the classification of conditions. Fault damage is applicable to infringement. Unjust enrichment creditor’s rights shall be applied to determine the attribution damage of the object. Two claims of the injured party are competing when two claims belong to one person. When two creditor’s rights belong to opposing parties, the non-fault party constitutes a debt of unjust enrichment to the negligent adder, and constitutes a defense of forced enrichment to the intentional adder.