违法建筑物之私法问题研究

Research Into the Problems Caused by Illegal Constructions in Private Law

违法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 ;本文从违法建筑物的归属关系、利用关系和侵权之诉三个层面对其私法关系进行剖析。笔者认为 ,建筑物违法不能阻却建筑人对其享有所有权 ,以其为标的的买卖、赠与、继承、出典等法律行为也并非绝对无效 ,而是具有一定程度的法律效力。

In China, the civil dissension caused by illegal constructions has presently become the social problem that needs urgent solutions .The article takes apart the relations in private law through the three levels including subordination, utilization and civil tort action .The author takes the view that the ownership of the builder can't be denied just because of the illegality of the construction. Meanwhile, the legal acts, the object of which are those illegal constructions, such as the sale, dotation, and inheritance are not utterly invalid but have legal effect in some extent. Besides, the analysis of the location of the parties in the tort action on illegal construction is given at the end of the article.