Analysis Of Contractual Effect And Real Results Of Unauthorized Disposal

Unauthorized disposal, so called the "the fairy on law" plagued the theoretical and practical field for many years, which still is not the common theoretical opinions. Scholars have considerable controversy on the relavant stipulations of unauthorized disposal in our contract law. Especially after the enactment of property law, how to connect the article 51 of contract law with The Acquisition in Good Faith of property law is a difficult issue of law application. Allowing the unauthorized disposal contract into effect conform with the basic principles and spirits of contract law and it is the legitimacy of both substance and form. Meanwhile, in order to protect the interests of right holders, only ratification of the obligee and authorized afterwards or the deal is conform with The Acquisition in Good Faith, the unauthorized disposal may come into force. The author first straightens out the relations between the unauthorized disposal contract and the effect of real right,then clarify the misunderstandings for the two, by defining the location of right of disposal in the transaction of real right. And logically confine the effectiveness of the unauthorized disposal contract, settling the problem among the three interested parties, and then put the unauthorized disposal and the Acquisition in Good Faith into connection.