Types Of Civil Disputes Over Illegal Construction And Its Legal Theory Construction

The civil disputes caused by illegal construction are problems existing in real life.There is no unified opinion on how to solve such civil disputes in judicial practice.The reason for this is that people have not formed a unified opinion on the property of rights and interests of illegal buildings.Therefore,it is necessary to start from the property of rights and interests of illegal construction to reconstruct the legal theory of dealing with civil disputes caused by illegal construction.This paper is divided into four parts.The first part is about the choice of terms and specific definitions of illegal construction and illegal construction.Illegal construction and illegal construction have a common direction,they are essentially the same more than the difference in form.Intuitively,the shock intensity of law is stronger than that of chapter.Generally speaking,the concept of chapter is enclosed under the concept of law,and illegal construction cannot include buildings that violate the provisions of law.In order to make people take the problem of illegal construction seriously,the concept of illegal construction should be used uniformly.The specific meaning of illegal construction should be based on laws and regulations in the planning field.Specifically,illegal construction refers to buildings that violate the planning permission system.The second part is about the property of rights and interests on illegal construction.It is correct that the non-ownership theory does not recognize the real estate ownership of illegal buildings,but it does not give an exact answer to why the property of rights and interests above illegal buildings is,and tends to not recognize the reasonable rights and interests of illegal buildings.The theory of real estate ownership,which gives illegal construction the same legal status as legal construction,is incompatible with the existing judicial system.The private interests supported by the chattel ownership theory are too one-sided,but it is not consistent with the general concept to regard illegal buildings as chattel as a whole.As a matter of fact,disposition right is a concept created by Taiwan region according to its own practice,but its connotation and nature have not been clarified.In judicial practice,courts protect the use value of illegal building owners to some extent,and the possession system can provide theoretical support for civil disputes involving illegal buildings.Therefore,as far as China’s current legal system and judicial environment is concerned,the possession theory fits the property of rights and interests of illegal buildings.The third part involves the common types and problems of illegal construction civil disputes.The civil disputes involving illegal construction mainly include buying and selling disputes,leasing disputes and infringement disputes.The root of the dispute about the validity of the illegal construction sales contract lies in the different understanding of the elements affecting the validity of the contract.The judicial interpretation issued by the Supreme People’s Court determines that the lease contract involving illegal construction is invalid.The main problems related to the illegal construction lease contract are how to determine the validity of the rent-free term clause and how to determine the period of possession of the usage fee.For the infringement disputes involving illegal construction,there are mainly disputes about whether it can be protected by tort law and how to compensate.The fourth part is about the legal construction of the settlement of civil disputes involving illegal construction.In the field of sales contract,it should be clear that the violation of the illegal construction sales contract is not a mandatory standard of effectiveness,and it is not feasible to deny the validity of the sales contract from the illegality of the illegal construction itself.In essence,the illegal construction sales contract is for the transfer of possession,does not violate the provisions of the law on the validity of the contract,in principle should be valid.In the field of lease contract,the current effective judicial interpretation considers illegal construction lease contract as invalid,which is reasonable.From the point of view of the subsequent treatment of the identification of invalidity,the identification of invalidity lays more emphasis on the formal declaration of significance.In terms of the validity of rent-free term clauses,as a part of the lease contract,they should also be invalid.However,the invalidity of the rent-free term does not mean that the lessee needs to pay the leaser the occupancy fee during the rent-free period.To have the use fee to pay pay ahead of schedule,ought to think only when tenant has and use illegal building actually,lessor can advocate the use fee of corresponding use.In the field of tort disputes,the possessor of illegal construction can be referred to article 1165 of the Civil Code through the latter paragraph of Article462 of the Civil Code to require the infringer to bear the corresponding liability for damages according to the principle of fault.However,possession belongs to illegal construction does not constitute the infringer exempt from liability for damages.In fact,the damage of possessory interests may damage the possessor’s interests of use,profit and disposal,and the infringer should compensate for this.