New Viewpoints On The Efficiency Of Unauthorized Disposition Contracts

The efficiency of unauthorized disposition contracts is a hot debate in law area. In order to explain correctly the theories, systems and applications of unauthorized disposition contracts, based on the conception of disposition, this paper analyzed and explained again the conception of unauthorized disposition and unauthorized disposition contracts, then analyzed and discussed the efficiencies of unauthorized disposition contracts in different countries and various academic opinions in our country. Besides preface and conclusion, this paper is divided into 4 parts:The first section sets a definition to disposition. Based on the popular conception of disposition, the author analyzed the conceptions of disposition in different systems of real right changing respectively, then explained again the mode of real rights changing in our country and the conception of disposition.In the second section, the conception of unauthorized disposition was explained. After introducing the history of unauthorized disposition and the conception of which in different systems of real right changing respectively, the author defined again the conception of unauthorized disposition in the mode of real rights changing in our country, then analyzed the extensions and the law components of unauthorized disposition.The conceptions of unauthorized disposition contracts in different systems of real right changing were introduced, at the same time the unauthorized disposition contracts were explained and were sorted.In the third section, which was the emphasis of this paper, the efficiency of unauthorized disposition contracts was discussed.At first the author compared the legislation of civil laws in various counties. Then, the author illustrated different attitudes towards the efficiency of unauthorized disposition contracts and the legislation of the efficiency of contract in China.Second, the article 51 of Contract Law was analyzed, according to the author's opinion, the efficiency of contract was determined by the mode of real rights changing in our country, the fundamental of civil law in our country, the balance of benefits and the consistency of law system.Also in this section, the author analyzed the efficiency of unauthorized disposition contract from theories, legislations and applications. At last, the author gave new viewpoints on relationship of three parts in the unauthorized disposition contracts after which was admit posthumously.In the fourth section, the bona fide gaining system was analyzed. After introducing the relationship of unauthorized disposition contract and the bona fide gaining system, the author give some suggestion on improvement of the bona fide gaining system.