Research On The Sale Problems Of Illegal Buildings

Illegal construction is a building that is created because the construction act violates the forcible regulations of laws and regulations.The building itself is not illegal in nature,and only the construction behavior is illegal.Because there is no clear provision in the private law for the status of illegal buildings,most of the judgments for determining the nature of illegal buildings and the relevant illegal buildings are based on the provisions of the Public Law on illegal buildings to determine and judge illegal buildings.In this case,the usual end of illegal construction is the complete denial of status in private law and public law.For the inevitable phenomenon that illegal buildings enter the private law field,the nature of private law acts such as the sale and purchase of illegal buildings can no longer be based solely on the provisions of public law such as administrative law.This dissertation takes the illegal construction of the sale and purchase as the research object,and on the basis of the existing attitude towards the illegal construction,demonstrates the attributes of the illegal building,the rights and the validity of the illegal construction contract,thus affirming the illegal construction in private law.In order to find a more effective way to solve illegal construction law problems,and strive to achieve clear and coordinated public law when solving illegal construction problems.In addition to the introduction,this article consists of five parts.The first part:The definition of illegal buildings.The definition of illegal buildings is clarified,and a clearer understanding of illegal buildings can be achieved by distinguishing different types of illegal buildings.The second part:Illegal buildings can be the subject of ownership.Demonstrate that illegal buildings are not a simple combination of building materials.Illegal buildings have the attributes and characteristics of objects and are a kind of real estate.Failure to register does not negate the acquisition of ownership of illegal buildings.The third part:Effectiveness of sales contract based on illegal construction.It's not a private law issue to determine the effectiveness of an illegal construction contract.When determining whether a contract is valid,it will inevitably consider the violation of mandatory provisions and the registration of property rights.These factors are ultimately influenced by public law and private law.At present,the situation of illegal buildings in China is very embarrassing,and its status in private law is not clear.After referring to the governance measures of other countries and regions,the introduction of the principle of proportionality can better weigh the public interest and private rights.The fourth part:Legal consequences of the validity of a sales contract.This paper discusses the performance of the sales eontract when it is deemed to be effective and the existence of the performance.In combination with the judicial practice,the court's negation of the validity of such contract discusses the consequences and benefits of the contract,and clarifies that the contract is invalid.The profit and loss of both parties.The last part:The conclusion.This section summarizes the core ideas of the article and the deficiency of this paper,in order to provide some help for the problems and solutions of illegal buildings in private law.