On Legal Effectiveness Of Unauthorized Disposition

Unauthorized disposition is considered as "one of core of civil law" by Wang Zejian, a famous professor from Taiwan and is always the complex subject debated in the academic field of civil law, in which it involves the civil theories and systems of no right to change mode,good faith acquisition,breach of contract,contract negligence,undeserved benefit,infringement and so on. Since the Contract Law entered into force in China, unauthorized disposition has been always the research focus by Chinese scholars. And particularly, the question of effectiveness of Unauthorized Disposition contract has been tremendously controversial debated both in the field of theory and practice, since Property Law entered into force.With the boom of real estate industries in China in recent years, flood of disputes concerned real estate purchase contracts emerged, in which issues of effectiveness of contracts with unauthorized disposition is the hot issue and focused on in reality. In judicial practice in China, the court just deny its valid which could not fully preserve the contract right of good faith purchaser. Moreover, the court begins to secure the transfer process of property as well as property itself. Therefore, this paper takes a dispute of real estate purchase contract as the perspective to analyze the distinct views from different schools to the abovementioned legal issue. And the final conclusive view in question is that the contract made in and between two parties are always valid but unauthorized disposition behavior shall be uncertain legal effectiveness.