“违章建筑”房屋租赁合同的有效性研究

Study on the Validity of House Lease Contract of“Ilegal Construction”

房屋租赁合同一直是有名合同中重要的组成部分,房屋租赁合同纠纷也是实务中最为常见的争议问题。在房屋租赁合同纠纷中,"违章建筑"房屋租赁合同的争议一直是实务中的难点,合同的有效性往往成为争议焦点。直接适用房屋租赁合同的司法解释认定合同无效是当前实务当中主流的裁判指导思想,但随之带来的机械司法,往往会导致合同相对方的利益保护失衡,从而以司法的手段实现以合同无效为由行违约之实,致使对另一方的不公平。因此,该情形需要在实务中得到关注。

House lease contracts have always been an important part of named contracts,and disputes about housing lease contracts are also the most common controversial issues in practice.The disputes of“illegal construction”house lease contracts have always been a practical difficulty in the disputes of house lease contracts,and the validity of the contracts has often become the focus of disputes.The judicial interpretation of the direct application of the house lease contract to determine that the contract is invalid is the mainstream guiding ideology in the the current practice,but the resulting mechanical justice will often lead to the imbalance of the protection of the interests of the opposite party to the contract,thus the judicial means to achieve the invalidity of the contract as a breach of contract by judicial means,and resulting in unfair to the other party.Therefore,the situation still needs to be paid attention to in practice.