On The Unauthorized Disposition

Unauthorized disposition is a frequent phenomenon in our daily life, it relates complicated legal relations as bona fide gaining system and unjust enrichment etc., and also is a complicated theoretical and practical problem. The Contract Law of china stepulateed unauthorized disposition for the first time in Article 51, but the arguments never stop whatever in academic circles or legal practice fields. The thesis begins with the concept of unauthorized disposition action, analyzes validity of unauthorized disposition in different patterns of property changes in different countries, evaluates popular scholars'viewpoints on current China, puts forward the proposal of validity of unauthorized disposition action in our country. In the last, re-construction our unauthorized disposition rules. Attempts to find a way out for chinese unauthorized disposition dilemma under the context of Chinese Civil law. The thesis made a research on unauthorized disposition, having four parts to verify the author's viewpoints step by step.Chapter one introduces the meaning and value of unauthorized disposition firstly. The connotation of Article 51 of The Contract Law hasn't been clearly defined, it is very necessary to clarify the doctrinal concept of unauthorized disposition. This chapter first analyzes the meaning of unauthorized disposition, specifically the disposition of China mainly refers to disposition of legal. And then introduced our academic dispute on what is unauthorized. And I had position on the viewpoint of I agree with. Finally, the importance of the legitimate interests of right一holders and the third Party's security of transactions were discussed.Chapter two first expounds that the premise of discussing the effectiveness of unauthorized disposition action is the pattern of property changes, then represented with civil law of France, Germany, Austria separately introduces the validity of unauthorized disposition under systems of debt meaninglism, property right formalism, and debt formalism. Although the States specific content of unauthorized disposition is different, but the concept of the specific systems involved in the basic design is similar.Chapter three is to research on the unauthorized disposition in China, review the attitudes of the academic circles and judicial judgment on the unauthorized disposition. This chapter first outlines unauthorized disposition of our country on the provisions of substantive law. Then introduce and analyze three central doctrines of the article 51 in Contract Law, including doctrines of void, revocable, effective on theory of property right action. Academics and representatives of the three major doctrines on the grounds of their merits and shortcomings are one by one assessed.Chapter four, the author expatiate on hamony between the redesigned unauthorized disposition system and other related rules of law. This chapter is the core of the thesis. First to redefine the concept of unauthorized disposition, especially Introduction the " person's disposition makes legitimate interests of right一holders in danger of substantial damage. "removed some of the future goods out the unauthorized disposition. After redefining the concept of unauthorized disposition, the author then focuses on the rules of the reconstructed unauthorized disposition and the convergence with other legal consequences, such as disclosed principle agency, bona fide gaining system, and other legal systems. Finally, the paper Elaborate the meaning of unauthorized disposition system re-construction in the whole system of civil law.