Analysis Of Tort Liability Against The Illegal Construction

Illegal building shall be subject to exist on the tort liability law "to protect namely the specified in article 2 of the" civil rights and civil rights ", this is actually the possession of the property law on ownership interest from rights belongs to see, it built and other occupants, and build and other occupants namely for the tort liability law article 3 the infringed party .In violation of illegal structures in the tort liability, the components of the determination of injury consequence should be based on organization and interests said and considering the illegal building its own illegal situation; The mistake is the aggressor assume tort liability the indispensable constitutive requirements; But the reason the illegality reluctance behavior including justifiable defence, emergency, self-help behavior etc. Legal reasons and disclaimer agreed and the victim agree, etc.Violations illegal building liability is different from the provisions of law, based on the particularity of illegal building did not apply restorable liability form; Illegal building congenital richtswitrig cannot be apply the tort liability law article 26 of the reason; negligence offset Tort produces property losses calculation should combine using benefit, the expenses incurred, responsibility for illegal building damage and loss of can be expected benefits should be integrated consideration...