Study On The Civil Rights Of Illegal Construction

To a certain extent, the illegal building which be condensed with the needs of some civil economic life. Therefore, it is necessary to explore the relevant circumstances of illegal construction in the identification and disposal of them, and the protection of private law should be separated from the illegality of public law. The purpose of this paper is to discuss the protection of civil rights which be related to illegal construction, and propose that it still has the necessity of protection in private law in spite of illegal constructions that the violation of public law in essence. Because illegal buildings belong to the immovable property of civil law, we shouldn’t think they be protected in a one-size-fits-all manner, and it should be more discussed and analyzed in the field of private law.In the first part of the article, this part mainly discusses the concept of illegal building, and tries to get the accurate definition of illegal building. illegal building, which violates the land control system, urban and rural planning system and construction activity management system,can’t obtain the relevant permit. In the result of thus, these buildings can’t handle the registered ownership. In view of the "movable property ownership", the article tries to explore the nature of illegal constructions which are immovable property in civil law.The second part of the article focuses on the establishment of civil rights in illegal buildings, and puts forward some doubts on the controversial theories in the academic circles, such as no ownership because of no registration, no ownership with its illegal character and so on. This part analyzes the reasons why the registration system is wrongly exaggerated and clarifies the concepts of "the registration of real right" and "the enjoyment of real right", so that the registration system does not contain the function of the establishment of civil rights.Obligation which the obligor does not violate property rights is not based on the publicity of it.The third part of the article is mainly on the transfer of the rights of illegal constructions. First of all, it analyzes the urgent problem of the purchase contract in theoretical and practical circles, and analyzes the flaws in the illegal construction and its effect on the validity of the contract. Next, this part discusses the change of the real right in the illegal building. Through analyzing the relationship between the registration publicity means and the effect of the change of the real right,it is the conclusion that the change of the real right the illegal construction can’t happen.The fourth part of the article attempts to discuss the protection system of the illegal building. This article attempts to build the protection of the illegal construction from two aspects: the protection of property rights and tort damage. On the basis of the discussion on the ownership of illegal buildings, there are special points between the protection of property and the tortious protection in illegal buildings.