Case Analysis Report On House Ownership Confirmation Dispute

In the civil judicial practice,the referee housing ownership disputes often occur in the similar cases with different results.There are many reasons for it.But in my opinion,the main reason is that we confuse the differences between claim of real right and claim of real right confirmation,and mistake that the building without registered is illegal building.In this paper,a typical housing ownership dispute is discussed,using empirical analysis,literature review and comparative research methods for the recognition of housing ownership disputes in the core issues involved claim of real right confirmation and illegal building.The structure of this paper is as follows: Firstly,the introduction part of the article briefly describes the practical significance of the selected topic and the purpose and scope of the study.Secondly,the first part of the text of the article clearly defines the case of this article is to confirm the dispute of housing ownership,and the basic case described in detail,how the dispute occurred,set out the parties to the proceedings,in the court of first instance and second instance;The second part of the main body of the article,through the analysis of the merits of the case,the focus of the controversy was summed up the summary,that is,whether the housing rights of the Zhao's property rights,wills and wills supplementary agreement is valid;The third part from the legal theory and factual judgments on the case were analyzed,found that housing construction is the person Zhao;In the third part of the main body of the article,the controversial housing in this case is not illegal building,you can apply the property right to confirm the right to claim the ownership of property,Zhao enjoy the new construction of the ownership of the property;the fourth part of the housing ownership dispute to think about the first instance,Judging the thoughts and judging the results of the assessment,that the claim of real right confirmation and the claim of real right is not the same,there is no registered housing and illegal buildings can not be compared.Finally,the author concludes that legal rights,moral rights and natural rights together enrich the content of life,and should pay attention to the three kinds of rights.The protection of property rights,including rights and interests.Zhao refunded the inheritance of housing and housing for the demolition of the construction,although due to objective reasons failed to register property rights,but it does not affect the rights and interests of Zhao built housing rights.If the court that is "illegal building" does not affirm the ownership of the house,dismissed the prosecution is unreasonable.Zhao enjoy the new construction of housing ownership.In addition,the court in the handling of such cases made the author' s own view,that the referee housing ownership dispute,should be based on the specific demands of both sides,from the protection and conservation of social resources from the perspective of legitimate and reasonable referee.