On Unauthorized Disposition

Unauthorized disposition is described as the spirits of civil law due to its complicatedly involving a variety of areas of civil law. This article, started with an introduction to the legal concept of unauthorized disposition, compounding the selection of the pattern of alternation of real right, probes into the meaning of unauthorized disposition in China's relevant laws. About unauthorized disposition, there are main viewpoints: a null and void act or an act without definite validity. China's legislation shall adopt the concept of real right, which can cover unauthorized disposition as an act without definite validity. Correct application of laws concerning unauthorized disposition system requires coping with the issue of the relationship between the unauthorized disposition system and the acquisition at present system, and the latter is conducive to transaction safety. Under a certain circumstances, the acquisition at present system shall be appropriately applied to protect the interests of the bona fide third party, and it also shall be utilized even if the principle has not ratified the act afterwards. It is concluded that only when it is deliberated over-all in the Civil Code in future, can the unauthorized disposition system be improved.