违章建筑买卖合同法律问题初探

Research on Contract of Sale of Illicit Building

违章建筑引发的民事纠纷已成为我国当前亟待解决的社会问题。违章建筑人对违章建筑不享有任何权利,只是一种占有;违章建筑买卖合同是一种效力待定合同,司法实践中对此类合同纠纷的具体审理应因合同效力的不同而采取不同的处理。

At present,the civil conflict arising from illicit building has become a serious and unresolved social problem in our country.In the opinion of this article,the builder has no right on the building;he is just in possession of the building.The validity of the contract of sale of illicit building is undecided.In judicial practice,because of the different validity,the judge will deal with the conflict in different ways.