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Chapter 333 Disputes over Illegal Construction Sales Contracts (11)

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    ?

    Yuan Wu immediately retorted: "Article 30 of the "Property Law" is based on the factual act of 'legal construction', and the house in dispute in this case was built illegally."

    Yuan Wu thought that he had grasped the shortcomings of Wu You and Li Yike's arguments, and felt the pleasure of attacking the other's shield with the spear of the other.

    He was looking forward to Wu You and Li Yike's expressions of panic and regret.

    The question raised by Yuan Wu is indeed a controversial point.

    Li Yike said with confidence: "The ellipsis of "etc" is clearly used in Article 30 of the "Property Law", which shows that the factual behavior that can lead to changes in property rights is not limited to "legal construction and demolition of houses".  The scope of coverage is open rather than closed. If "legal construction and demolition of houses" is used as an example, then it can be considered that "illegal construction" as a factual act is included in the scope of "equal factual acts"  Inside."

    Yuan Wu's expression was cold, this young lawyer was simply arguing.

    Li Yike also said: "It is undeniable that illegal buildings have a certain use value and exchange value before they are demolished. If they are not allowed to circulate at all, it will be a huge waste in terms of jurisprudence and objective facts. Admitting illegal buildings  Buildings can become the object of ownership, which does not mean recognizing their legal status in public law. The restrictions and sanctions in public law will be transferred along with the transfer of private rights in illegal buildings; therefore, admitting that illegal buildings can become objects of ownership does not mean that  It will conflict with the control of illegal buildings above public law, and it will not cause the existing private rights system to fall apart. On the contrary, it can also solve the embarrassing situation in the field of private law caused by the current unclear status of illegal buildings in private law.  , clarify the private law status of illegal buildings, and build a punishment system for illegal buildings centered on the ownership of illegal buildings.¡±

    "In summary, the plaintiff believes that the "Housing Sales Contract" signed by the plaintiff and the defendant has come into effect, and the defendant constituted a breach of the contract. The plaintiff Peng Cheng requested the termination of the contract and the defendant Lin Tan to bear the responsibility for breach of contract." Li Yike said eloquently.

    Qin Han said: "The defendant made an argument."

    Yuan Wu was actually a little guilty. When he first got this case, he thought that because of the illegality of the house in dispute, it would be enough to deal with it by citing Article 52, Items 4 and 5 of the Contract Law.  So I just asked my assistant to sort out the case and prepare the materials for the court.  It never occurred to Yuan Wu that the lawyer hired by the plaintiff Peng Cheng actually "made a big move" and made statements from the aspects of jurisprudence, cases, and interpretation of the law, which really caught Yuan Wu by surprise.  Now, he couldn't think of anything to refute the opposing lawyer's new point of view.

    "Defendant's attorney?" Seeing that Yuan Wu hadn't spoken, Tan Han urged with some doubts.

    Yuan Wulue hesitated for a while, and for the current plan, he can only respond to all changes with the same.

    Yuan Wu restrained his mind and said: "Dear presiding judge, I represent the defendant Lin Tan's defense opinion. The plaintiff's claim that the contract is established and effective is a misinterpretation of the law, whether it is the property law proposed by the plaintiff's agent or the judicial interpretation of the sales contract by the Supreme People's Court.  The fact that the legislative structure of the two divisions of debt and property has been established in fact, whether it is the division of so-called mandatory legal norms or the final expansion of the interpretation of Article 30 of the "Property Law", has no legal basis and is just the legal theory of the plaintiff's agent  There is no clear stipulation in the legal provisions of the analysis. Such an analysis can be used as an excellent legal academic paper, but it must not be used as the basis for a case. As a country with a civil law system, the judgment of any case must be based on both  Some laws are used as the basis instead of applying interpretation and methodology to create, please pay attention to the presiding judge.¡±

    Yuan Wu breathed a sigh of relief and continued: "The facts of this case are very clear, that is, the house in dispute is an illegal building. Let's start with whether the transfer of illegal buildings will harm the public interest. In this case alone, the plaintiff's agent also mentioned just now that the law  The relationship only happened before the plaintiff and the defendant, and did not involve a third party. It seems that it will not cause great damage to the public interest. However, once the plaintiff wins the case, it will send out such a message to the whole society: illegal construction can be  Will it cause more illegal buildings to breed? We must admit that illegal buildings have certain value because they can indeed be lived in. I don¡¯t evade this, but why does the state require that all constructions must obtain corresponding approvals?  What about the planning approval permit? I think the answer is self-evident, because the planning permit protects the interests of the entire city, the planning landscape, and the safety of construction. Specifically, it protects the people living in illegal buildings.  Isn't life safety in the public interest?"

    Yuan Wu paused, deliberately leaving a moment for Qin Han to think; at the same time, Yuan Wu was also quickly organizing the next point of view in his mind.

    film?, Yuan Wu continued: "The plaintiff's agent only focuses on this case, and the statement does not harm the public interest, but the case is very likely to have a big impact on the whole society from the point to point. This is our first point of view.  .¡±

    ? At this point in the statement, Yuan Wu's mind seemed to be opened, his writing and thoughts were springing up, and debate opinions flew into his mind.

    Yuan Wu continued: "The second point of view is whether the contract violates the 'mandatory norms of laws and regulations'. Our point of view has always been that it is a violation. A necessary condition for the establishment of a contract is to have a legal subject matter.  This is the basic legal principle. In summary, we believe that the contract in dispute in this case is an invalid contract, and the invalid contract is invalid from the beginning.  ten thousand yuan."

    After Yuan Wu finished speaking, there was a short period of silence in the courtroom, and everyone waited for Qin Han's instructions to start the next stage of the trial.

    "I have a question for the plaintiff's attorney." Qin Han broke the silence.

    Wu You, Li Yike, and Yuan Wu all looked at Qin Han in unison. What questions would Qin Han ask?

    Qin Han asked: "The plaintiff's agent stated that the principle of contract distinction should be applied in this case, that is, the creditor's rights contract and the property rights contract should be divided into two to determine the validity, so is the property rights contract valid?"

    Yuan Wu pursed his lips to think, and Tan Han asked if there was any deep meaning to this question.

    Li Yike felt a little joy in his heart. It seems that Judge Qin Han is interested in discussing deeper academic issues with him.

    Is this a good signal?

    As for Yu Yuanwu, is this a bad signal?  (Remember the site URL: www.hlnovel.com
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