| Ex-right disposal is a frequent phenomenon in our economic life, it relates complicated legal relations, and is a complicated theoretical and practical problem. The Contract Law of our country stipulates ex-right disposal for the first time in Article 51, but the academic circle of our country is in dispute over the interpretation of the article.Article 51 of Contract Law does not give a definition of ex-right disposal, as a result, it is necessary to clarify the concept theoretically The article firstly analyzes the meaning of ex-right disposal, and then discusses the civil legal relations related to ex-right disposal.The reference to the stipulations on ex-right disposal of foreign countries is meaningful to the theory and practice of the ex-right disposal of our counter, as a result, the article introduces the stipulations on ex-right disposal of foreign countries.The most important thing of the research of ex-right disposal is to solve the practical problems of our country; as a result, the article introduces the legislative attitude towards ex-right disposal of our country, and analyzes the shortcoming of Article 51 of Contract Law. The article advises that the legislation of ex-right disposal of our country shall be based on theory of act of real right, and put forward the legislative design of ex-right disposal of our country on the basis.The article uses the theory of act of real right to analyze the legal structure of ex-right disposal, and how to deal with ex-right disposal with the theory of act of real right.Wit respect to the legal validity of ex-right disposal, the article thinks that contract under Article 51 of Contract Law is valid, and it shall be regarded as act of real right but not contract, and discusses the protection of the rights and interests of third party and creditor. |
PDF Full Text Request