Judicial Disagreements and Rule Integration on the Validity of Lease Contracts for Illegal Buildings

Abstract

Validation of lease contracts for illegal buildings have demonstrated great divergence due to non-uniformity of interpretation from the level of norm application within the co-existence of three judicial approaches. Based on the multi-source nature of the criteria for identification of illegal buildings, we analyze the intertwined structure of the normative system involved in determining its validity, showing difficulties in the application of the obligatory effects and property determinations due to normative intertwinement. By analyzing the typology of the three judicial approaches, emphasizing that the root of the divergence is in different answers about the correlation between construction management norms with contract validity. Integrating approach based on the typological reconstruction of mandatory provisions focused on the normative separation between illegality defects and validity evaluations, aimed at the hierarchical treatment of contractual effects can help resolve the disagreement among judges while preserving consistency in normative logic.