Study On The Effectiveness Of Illegal Construction Sales Contracts

With the Validity of the sales contract of illegal construction How effective has been the theory and practice hot debate over the years are inconclusive;Since the legislative,judicial,are not clearly defined,therefore,there has been the sale of illegal construction often appears”different co-determination "of the situation,which undermines the unity and solemnity of justice,but also poses a potential threat to social and economic life.With the 2007 "Property Law",in 2012 the Supreme Court"on the trial contract dispute case law applicable to issues,"(hereinafter referred to as"the sale interpretation")were introduced,the legislation pattern two points I bonds was basically established,its and the "principle of distinction" German civil law has the same purpose.According to the principle of distinction,the sale of illegal construction is divided into a liability(debt)and a behavioral disposition(Property)behavior,both the establishment,effective self-contained,prevails.Illegal construction contract for the sale of the burden(debt)behavior does not exist"Contract Law" Article 52,paragraph 4,item 5 of the contract is invalid cases,as long as they meet the other constituent elements of the contract in force,it should be a valid contract,which effectiveness against illegal construction can not affect the real estate registration;effectiveness of sanctions(Right)behavior in the context of the implementation of real property registration in force in accordance with the relevant provisions of the "contract law" and "Property law",the effect should not enter into force.In this paper,the sale of illegal construction of the research object,from the "Contract Law","Property Law" and "contract of sale explained," and other specific provisions,taking the principle of distinction for the sale of illegal construction effects affect judgment,suitable for the perspective,according to Law theory,a method of interpretation,combining judicial practice of some experience,through the illegal construction property law,the distinction between doctrine legislative model analysis,peremptory norms impact on the validity of the contract and other legal issues,the effectiveness of the sale was illegal construction discussed on this basis,the burden of establishing behavior and punishment to distinguish the unifying principle,the classification provisions of peremptory norms were discussed and the like in order to improve the system of right disposition,and strive in the future to be more scientific and effective solve related problems.Addition to the introduction of this article is divided into four parts.The first part is"illegal construction definition and classification",highlights the legal classification of property and illegal construction;the second part is "illegal construction contract for the sale of the properties and behavior constitute" from civil law countries,related to Property Transactions legislative model,combined with the "contract law""property law" and other laws,analysis of existing legislation on property rights transactions attitude adopted by our country,to accurately analyze the legal property of illegal construction contract for the sale of the issue;the third part is "illegal construction the legal effect of the sale I see ",from the present stage practitioners and theorists illegal construction contract authentication different viewpoint,then,use of legal interpretation,interpretation of China's" contract law "," property law "and" Real estate management law "and other laws and regulations and judicial interpretations for the establishment and transfer of immovable property rights,the effectiveness of the relevant provisions;fourth part is" further developing the proposals the "contract law","based on the existing legislation and judicial shortcomings,the corresponding perfect proposal.