Unauthorized Disposition Contract And Its Legal Validity

Although the 51st provision of Contract Law has stipulated the unauthorized disposition contract, the arguments never stop whatever in academic circles or legal practice fields. Particularly many scholars challenge the correctness of the provision. The thesis made a research on 51st provision, having three parts to verify the author's views step by step.First part: Based on the demarcation of unauthorized acts and unauthorized disposition contract, the author emphasized on construing the characteristics of the unauthorized disposition contract and the differences between this kinds of contracts and unauthorized agency so as to specify and make clear the unauthorized disposition contracts.Second part: This part analyzed the legal validity of the contract, so it is the focal point in the whole thesis. The author put out the unauthorized contract should be valid on the basis of discussing the legal validity in the mode of real right and non-real right. After that, applying the theroretional, comparative analysis and demonstrative method as well, the author further verified the legal validity of unauthorized acts in contracting, in order to strength the credibility of the view, the author also combine the common law, American law areas and the general rules of international contracts with China's soon coming real right law to refute the views which regard the unauthorized disposition contracts are null and void or whose validity are uncertain. in a word the 51st provision of Contract Law should be amended.Third part: considered the extreme complexity of unauthorized acts and itsalteration may cause influence on other related systems, the illegal profits and bona fide gains were analyzed additionally for their close relationships with the unauthorized acts so as to perfect the civil juristic acts system.