The Research On The Protection Of Private Rights Of Illegal Building

Illegal building has played an important role in the basic life of civil subjects,and its practical value meets the housing needs of a large part of civil subjects.Therefore,the rights of illegal buildings can not be totally denied,and need to be discussed in depth according to different types of illegal buildings.In addition,the most important point to be emphasized is that the protection of illegal building in private law and the illegality in public law should not be equated,thus denying its private rights and the effectiveness of its real rights and creditor's rights.This paper tries to analyze the private rights of illegal buildings.Although illegal buildings can not be publicized because they can not be registered in the building management department,it is still necessary to protect them in private law.Especially in the current environment of high housing prices and global economic downturn,under the dual pressure of huge domestic residential demand and social transition,illegal buildings are still needed.Private rights are related to the vital interests of many people.Firstly,this paper defines illegality as real estate.On this basis,it explores the existence of private rights,the role of registration system in the process of punishment,and the problems existing in the judicial practice of illegal building.The content of this paper can be divided into three parts(excluding the introduction part).The first part is to define illegal buildings,discuss their terms and definitions,clarify their connotations and denotations,and analyze their identification and classification,trying to outline a clearer outline of illegal buildings.The second part is to analyze whether there are private rights on illegal buildings.The third part is to analyze the relief of private rights of illegal building,mainly from two aspects of contract relief and tort relief,and to refine the thought of relief and protection of private rights of illegal building suffered infringement.Examination,in order to provide useful help for the practical treatment of illegal buildings.