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Chapter 332 Disputes over Illegal Construction Sales Contracts (10)

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    Yuan Wu did not expect that Li Yike would publish such a lengthy speech, and judge Qin Han seemed to be listening very seriously and fascinated.

    Yuan Wu secretly screamed in his heart that it was not good. Compared with Li Yike's exposition, his point of view seemed very thin.

    When Li Yike expressed his opinions in the debate, Qin Han kept watching Li Yike. In the past, Li Yike was not used to being stared at by others. Once others stared at him, he would feel uncomfortable and subconsciously avoided the eyes of others.  But now, instead of feeling uncomfortable, he has a sense of gain and recognition that his views are listened to seriously, and he makes eye contact with Qin Han from time to time.

    This is what Lin Ziyao told him. When communicating with others, you should look directly into the other person's eyes. This is not only respect for the other person, but also a manifestation of confidence in your own views. In this way, it is easier to obtain the other party's approval.

    Li Yike went on to say: "Illegal construction is the product of illegal construction. It is different from the goods that are prohibited by law. The transfer of goods that are prohibited by law, such as drugs, guns and ammunition, will undoubtedly bring huge damage to the interests of the country and society;  In the final analysis, the circulation of illegal buildings is only the circulation of rights, and will not cause more harm to the social public interest than its existence; therefore, the creditor's rights contract itself with illegal buildings as the subject matter does not harm the national interest or social public interest, nor does it harm the public interest.  There is the possibility of increasing the damage to the interests of both. The generation and circulation of illegal buildings have profound social reasons.  To maintain social stability; to allow the circulation of illegal buildings reflects the principle of making the best use of everything to a certain extent, and stimulates the vitality of the market. In summary, the plaintiff believes that the "House Sales Contract" signed between the plaintiff and the defendant is legal and valid  If the defendant¡¯s behavior has constituted a fundamental breach of contract, it shall be executed, and the defendant shall bear the liability for breach of contract.¡±

    Qin Han looked at Yuan Wu and said, "The attorney for the defendant can express his opinion."

    Yuan Wulue pondered for a while, and said: "Before expressing the agency's opinion, I would like to ask the other party's agent a question."

    Qin Han said, "I agree."

    Wu You and Li Yike looked at each other, and then looked at Yuan Wu in unison.

    Yuan Wu asked: "Just now, the plaintiff's agent argued that the "House Sales Contract" signed between the plaintiff and the defendant is valid from the perspective of social public interests and mandatory norms of laws and regulations.  Real estate registration, because of its illegality, will never be possible to register real estate, and then it will be impossible to obtain property rights. A product without property rights can be said to have no ownership. Without ownership, it cannot become the subject of a contract.  Without a target, there are no constituent elements for establishment and entry into force, and from this perspective, this contract is also an invalid contract.¡±

    Yuan Wu is proud of himself, you will never be able to answer this knowledge point.

    Even Qin Han looked at Wu You and Li Yike, expecting their answers.

    Li Yike lowered his head and smiled, and he calmly replied: Illegal buildings can become the object of civil legal relations, and can also become the object of ownership.  The construction of illegal buildings is a typical factual behavior, so the acquisition of ownership of new buildings should be governed by Article 30 of the Property Law: "Where real rights are established or eliminated due to factual acts such as legal construction and demolition of houses, they will become effective when the factual acts are accomplished.  "The stipulations of the Act become effective when the factual act is accomplished.  "(Remember this site URL: www.hlnovel.com
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