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Study on Construction Which Be Built under Trespass to Land

Author: WangZuo
Tutor: JinKeKe
School: East China University of Political Science
Course: Legal
Keywords: Illegal occupation Illegal construction Accession of real estate Unfinished construction
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 39
Quote: 0
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Abstract


Scarcity of land resource lead to such circumstance that illegal constructions were built on land without authorities’approval. Pursuant to our law system, we don’t treat those constructions as property and demolishing that without compensation of ownership. But other countries’law system is on the contrary. Illegal constructions have same functions as legal constructions; they are all full of value. so, we should consider how to identify belonging of illegal construction., how to deal with conflict between people who illegal occupation of land and people who have legal rights on that land.Except the introduction and conclusion, this thesis is separated into three parts. First part is a summarize of illegal constructions, analyze and prove people who build illegal construction also have ownership through analyzing elements of illegal construction, doctrines of nature and belonging of illegal construction.Second part focuses on special types of construction without source of right. Under the premise that people original acquisition ownership of illegal construction, indicating loophole of Asia including China law system through legislation action.Last part is comparison among continental legal system identify the nature of building construction and discussing the belonging of unfinished construction combining with doctrine of accession of real estate.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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