论文部分内容阅读
我国各地存在大量违章建筑以及与违章建筑有关的买卖、抵押和租赁纠纷。法律目前对违章建筑的规定与现实的需求显得极不协调。本文认为承认建造人对违章建筑的所有权,允许对违章建筑进行登记,不仅有利于减少和解决相关的纠纷,也有利于保护善意第三人的利益,更有利于不动产登记功能的转变,还可以避免违章建筑的闲置,从而实现这些资源的优化配置。
There are a large number of illegal structures around our country, as well as trading, mortgage and leasing disputes related to illegal structures. At present, the provisions of the law on illegal construction and the actual demand seem very uncoordinated. This article considers that admitting the builder’s ownership of the illegal building and allowing the registration of the illegal building will not only help to reduce and resolve the related disputes, but also help to protect the interests of the bona fide third party and more conducive to the real estate registration function. Avoid illegal building idle, in order to achieve the optimal allocation of these resources.