China Right Disposition Effect

Since the issue and the implementation of the " contract law ", the dispute is increasingly intense around effect of behavior of treatment without being entitled. Experts and scholars have put different ideas about the issue, which contribute valuable suggestions to the scientific establishment of the concept of treatment without being entitled. The author maintain the humble opinion that 51th item of regulation in the " contract law "is imperfect, and that there exist misunderstanding about it in the circles of theory and jury. Theory circle trial practice circle of our country go through the understanding from the invalid to the undetermined valid, meanwhile the concept of the undetermined valid cannot solve many problems and can only be transitional. Under the changing mode of the formalization of the formalist ownership, the contract of deal without being authorized should be valid. This article is going to discuss this issue from four aspects centered on this opinion. Chapter one introduces the denotation of treatment and unlawful treatment. Chapter two makes a comparison about the international legalization. Chapter three argues that the unauthorized treatment should be valid in China. Chapter four proposes the advices to modify the 51th item of the " contract law ".Treatment has different meaning in different mode of the various ownership. Under the formalism mode of the real right, the juristic act divides into the behavior of bearing and treatment. The meaning " treatment" while having no right to treat is to mean the behavior of treating(regard real right behavior as the model).Treatment without being authorized means that the client has dealt with object without being authorized.Under the formalism mode of the real right, the valid of unauthorized treatment is to be decided, but the valid of the contract of unauthorized treatment is stillfunctional. Under the mode of idealism, the valid of unauthorized treatment is experiencing a change from invalid to comparatively valid. In the international legislation and the legal systems in the UK, the US and France, the unauthorized treatment is considered to be valid.Real right change mode of our country adopt creditor's rights formalism, some scholars consider it as the reasonable formalism of ownership. The two have no essence to be different. Under this kind of real right change mode , no matter analyse from the theory or from practice, without other invalid situations, it should be the effective behavior since this implement the ownership and the unauthorized treatment.Based on the above analyze, the shortcoming of the 51th item in the "contract law " is obvious. This writer proposes that this item should be changed to "the treatment of others property by the unauthorized client should consider as valid if it is subsequently authorized or he gets the right by means of contract.