Study On The Problem Of Non - Right Disposition

Unauthorized disposition is a very complicated issue of the science of civil law. People have been keeping talking about it all circles these years. Primarily focus on the problem is the choice of the pattern of property right change. Unauthorized disposition contract has different effectiveness under different pattern of property right change.The51th article of Contract Law of the People’s Republic of China has a vague attitude towards this problem, which leads to the continued arguments between experts. Further more, it has brought contradictions to the application of the law. To solve this problem, we have to change the existing legal system.The research directions of this article is as follows:"What——Why——How". I have done a overall research on unauthorized disposition of China, in order to achieve the ultimate goal——reconstructed the unauthorized disposition system of China.In the first chapter, the author brings up the question in the first place, introducing different standpoints and their bases of different specialists. The purpose of the author is to find advantages and disadvantages on these theories and provide several feasible schemes contributing to the settlement of the problems.In the2nd and3rd parts, the central idea is "Why". The author mainly analyzes the necessity and feasibility of reconstruction of the unauthorized disposition system of China. The second part mainly analyzes the defects of our existing system. And the third part maily analyzes different systems all over the world.In the final section, the author puts forward several suggestions on the reconstructions of the unauthorized disposition system of China.