A Study Of Contracts To Dispose Of Property Without Grounds

The law of our country have no right to dispose of the academic community views the contract can be a hundred schools of thought, the administration of justice sector in general practice will be determined as the effectiveness of the contract to deal with.When the right to request a court decision, people have no right to dispose of the contract null and void, the court ruled that tend to void the contract. The author believes that this approach is not appropriate: First of all, people are not parties to the contract rights, there is no mention of the contract confirmation of the effectiveness of the right to appeal;Secondly, after the conclusion of the contract have no right to dispose of, no disposition of the people powers not refuse people the right to ratify, the contract is not entered into force only, the contract can not be identified as invalid.Have no right to dispose of the court after the contract is null and void, the general that the third person on the contract is null and void because of the loss can be no disposition of the people to stand duty Culpa;The author believes that the third person to stand relative to the general tort liability of the Civil Code more in line with the principles of our country, but also more conducive to the protection of their own interests.The first part of the introduction. On judicial practice of the right to dispose of the contract approach, put forward their own problems. 1, the right people can bring in their own contract to confirm the effectiveness of the appeal? Whether or not the admissibility of the court proceedings the relative damage of the contract? 2, no disposition to enter into a contract can not be made after the person has the right disposition and refuse ratification, the contract is invalid or has not yet come into force?3, no disposition of the people unable to obtain the right to dispose and also refused to ratify people, how the relief of the third person in order to safeguard the security benefits? 4, in the economic and social progress with the legal concepts of today, contract law, whether Article 51 of the necessary improvements? How to improve?The second part, case introduction.The main content is that Mr. Qin to matrimonial property without authorization to enter into the subject matter of a contract for the sale with Mr. Wu, his wife, Ms. Xing informed real estate transactions after the restrictions, Mr. Wu went to the court was requested by Mr. Qin decree about the performance of the contract, Ms. Xing contract is null and void the request of a court decision, the court in view of home ownership is only registered in the name of Mr. Qin made the decision to support the demands of Mr. Wu.Third part of the conclusion of the study. I believe that one, real estate is the right certification documents, when there is evidence to the contrary exists, should not only permit that property in accordance with the rights of the true status.2, based on the principle of distinction, the burden of right behavior and action that the act of entry into force of the concept and requirements, the contract does not include the disposition of claims act, it means the right to conduct disciplinary powers without the sanction for the conduct of other people's property.3, no right to dispose of the contract in contract law to meet the provisions of Article 51 in effect at the time of the Elements, on the contrary, nor of course does not work, still in a status pending the entry into force, this is so special about this type of contract.4, this article the court case on findings of fact and have made the wrong decision, the Housing Authority should have no right to dispose of a contract for the sale contract, the contract shall not take effect.Partâ…£, other difficult issues.Practice focused on the judicial shortcomings, the existing legal system to seek relief under the interests of a third person.Human rights court proceedings based on the request to confirm the effectiveness of the contract the practice undermines the principle of relativity of contracts, because people are not parties to the contract rights, the right to contract disputes (reason for the relationship between changes in property rights disputes) filed.Code of Civil Procedure, the parties in accordance with appropriate lattice theory, such a conclusion can be drawn: As a person other than the parties to the contract the right person, if the request of the court have no right to dispose of the contract null and void, he is not a legitimate party. If the third person could not due to the entry into force of the right to dispose of the contract and interests, he has the right to request legal remedies, the most appropriate way is that the general tort damages, because the contract went into effect, contractual liability can not be applied at the same time, the contract has been set up , and fault liability should not apply to parties.Partâ…¤, regarding contract law the recommendations of Article 51. And contract law because Article 51 of the most discussed, and we are very familiar with, it set out to do much, just made the personal opinions of the author, that insist on the distinction between basic principles of contract law the abolition of Article 51.In this paper, a case that the case law method of analysis, in line with the attitude of solving practical problems, in a wide range of absorption, different from an academic point of view based on hard work, to achieve. Although intended to light a short text, and there is definitely hope for effect.