Study Of Legal Effect Of Unauthorized Disposal Contracts

The discussion of legal effect of unauthorized disposal contracts derived from article 51 of china contract law is significantly important to the construction of China civil law system. The treatise below discusses the design of unauthorized disposal system from various aspects and holds the view that unauthorized disposal contracts should be valid.First, viewing from relevant legislations of other countries with advanced civil law system. The German Civil Law, the representative of real right ism real right alternation mode, takes the real right act theory. It considers that if unauthorized disposal only makes the legal effect of real right act uncertain, while the debt contract is still valid. The French law, the representative of creditor's right ism real right alternation mode, prescribes that disposing others' property is invalid. But modern scholars tend to hold the view that the contract should be valid. And the international law even addresses that unauthorized disposal have nothing to do with the validation of contract. Therefore, on one hand, our real right alternation mode is different from Germany and Taiwan, so the connotation of disposal in china is not equal to theirs. On the other hand, persisting in the validity of unauthorized disposal contracts is the trend of the world.Second, on the premise of our country's real right alternation mode, we discuss the effectiveness of unauthorized disposal contracts. As to the article 51 of china contract law, there are various understanding and explanations in academic field. At present "invalid" theory has been denied by most scholars already. "The uncertain theory" adopts the theory of effect of unauthorized disposal in Germany and Taiwan by mistake. So, it violated the law system of China, and ignored the protection of the safety of the deals correctly. The author supports the "the contract is valid theory", think that this theory can keep the unity of the logic system of the contract law and value system even more.Third, the author devotes to prove that the unauthorized disposal contracts in our country are valid from following aspects. Firstly, the "contract is valid" theory accord with the spirit of the modern contract law——freedom ,justice and efficiency。 Secondly, this theory correlates with other civil laws system such as acquisition in good faith and the relativity principle of contracts. Thirdly, valid creditor's contract can protect the interest of the innocent party and the transaction safety. Only when the unauthorized disposal contract is valid can we live up to the purposes of establishing this system, which will be in accordance with the basic value-orientation of civil law.