Research On The Legal Validity Of Unauthorized Disposition Action

This article begins with the concept of unauthorized disposition action, analyzes validity of unauthorized disposition action in different patterns of property right changes in different countries, evaluates popular scholars'viewpoints on current China, puts forward the proposal of validity of unauthorized disposition action in our country, next, further discusses the legal validity of original owner's endorsing or no endorsing. There are five parts:Chapter one first explains multiple meanings of disposition and disposition action, conforms that the disposition discussed in this article mainly refers to disposition on legal, and then introduces the inner connection of disposition and disposition action– valid disposition requires that the disposer have legal right of disposition. On this basis, it analyzes unauthorized disposition action's connotation and elements , and at last, points out the Epitaxial of unauthorized disposition action in real legal relationship ,including which belongs to unauthorized disposition action, the competing relationship with Acquisition Goodwill System on chattel and public credibility theorem on real property.Chapter two first expounds that the premise of discussing the validity of unauthorized disposition action is the pattern of property right changes, then represented with civil law of France, Germany , Switzerland ,separately introduces the validity of unauthorized disposition under systems of debt meaninglism, property right formalism , and debt formalism ,next demonstrates the ownership change pattern and the validity of unauthorized disposition in common law system and international unite law.Chapter three outlines the legislative history and status of Chinese ,and then one by one introduces and evaluates three claims of current scholars, including theory of void ,revocable, effective on theory of property right action. Finally ,analyzes form different angles, suggests establishing the validity of unauthorized disposition action on the system of claim formalism, take distinction theory, that is the contract of unauthorized disposition is still effective ,while the result of property right change is revocable, which is determined by the original owner's endorsing.Chapter four specifically analyzes the legal validity after the original owner endorses unauthorized disposition action. First it researches the nature and characteristics of endorsing right, then studies the way of use the right, the period, the elimination of the right, retroactivity, and etc. Finally, it details the rights and obligations between different parties.Chapter five first summers the legal relationship when the original owner refuses to endorse unauthorized disposition action, and then separately expounds the legal validity between parities on the situation of no endorsing but applying Acquisition Goodwill and the situation of no endorsing and also no applying Acquisition Goodwill.At the end, on the basis of the above analysis in the paper, it draws several conclusions of the whole article.