The Research Of Lease Contract Effectiveness About Illegal Construction

A large number of rental Housings which occurred in the development of China's social economy resulted in the short supply of houses.Meanwhile the complexity of city planning and stringency of approval procedures has made a lot of constructions built up for rent without approval.It then caused many disputes.But different courts have different standards in resolving the disputes.we can see that one case could have two oppose sentences at the two different courts.Although Judicial Interpretation of Urban House Lease Contract has unified the standards,but in view of the diversity,complexity and the fast-updating of illegal construction,it can't cover all the issues completely.Therefore,it is necessary to study on effectiveness of illegal construction's lease contract.This paper will attempt to use case analysis,logical analysis and value analysis to study on effectiveness of illegal construction's lease contract by five parts.Section One leads to the issues by the cases and points out that there are still exist different sentences about the affirmation to effectiveness of illegal construction's lease contract after the [2009]11 introduced.Section Two starts with defining the concept of illegal construction and draws the conclusion that illegal construction must have two legal characteristics in public and private law— the attribute of property(private law)and the attribute of public law(public law).Section Three analyzes effectiveness of illegal construction's lease contract and obtained a conclusion based on the value of illegal construction in public and private,factor of contract and illegal construction's real right of the leasehold that illegal construction's lease contract should not be certainly taken invalid.This section also makes a concrete analysis on the effectiveness of different illegal construction's lease contract and believe that it should be taken invalid if lease contract violates the law and the public interest.But other types of illegal construction's lease contract should be taken valid.Section Four makes comments about the clauses of effectiveness of illegal construction's lease contract in the [2009]11 and consider that it is not affect effectiveness of the contract by the defects of taking illegal construction as the subject matter of contract.This paper advises to add the clause in the [2009]11 that it should be taken valid by the court as long as this construction or temporary construction acquires legitimate land,reach the aim of contract and not be dismantled by administrative department during the contract period.Section Five is the concluding part to make summary and expectation.This paper expects to provide some reference opinions to the relevant departments for modifying the issues about effectiveness of illegal construction's lease contract.