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Right Disposition Study

Posted on:2007-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:J Z FeiFull Text:PDF
GTID:2206360182490327Subject:Law
Abstract/Summary:PDF Full Text Request
The unauthorized disposition is a very complicated legal problem. It not onlyinvolved three layers civil law relationship, which specifically includes civil lawrelationships between disposer without right and the other party in the disposition,disposer without right between the party enjoying the property,the party enjoying theproperty between the other party in the disposition, but also the substantial theoreticproblem on whether juristic act of real right can be separated with the juristic act ofobligation right;To solve the legal problems generated from the unauthorizeddisposition, we should stride three fields, namely general principles of civil law, realright law and obligation law, and research some civil law systems as follows, juristicact, possession of movable things, registration of movable things, contract of sale,compensation system for damages, unjust enrichment, management without validreason (illegal) and etc. The unauthorized disposition has been a controversialproblem in recent years because of its complexity;furthermore, the provisions of theContract Law are so vague to cause some kinds of misunderstanding in the theory andpractice.This thesis, beginning with the research on the content of the unauthorizeddisposition in the different disposition modes and whose applying extent, through thecomparative research on the validity of contract of disposition without right in theworld and three different arguments in the current theory field, concludes that thecontract of unauthorized disposition should be valid and the theory of juristic act ofreal right should be recognized. Circuiting this conclusion, this essay demonstrates infour parts. The first part is to introduce the content of disposition, without right andthe disposition without right;The second part is to investigate the provisions ofvalidity of the disposition without right in the different disposition modes, mainlyincluding the relevant rules of the civil code of France, Germany, Switzerland andJapan;The third part is to research on the disposition without right in China, reviewthe attitudes of the judicial judgment and judicial interpretation on the unauthorizeddisposition, introduce and analyze three central doctrines of the article 51 ofContract Law. Based on the three aforesaid central doctrines, then, author, put forwardthe imagination to establish the unauthorized disposition systems in China, in whichauthor thought the juristic act of real right should be adopted not only because ofwhose purpose ,function but also in systematism, legal economic angel, and arguedthe validity of the unauthorized disposition in the comparative and positivismmethods based upon the thinking on the legislation cases, spirits of contract law, andthe linking with Law of Real Right;Lastly, the thesis summarizes is to reestablish theunauthorized disposition by the theory of the juristic act of real right, and consider thedetour Taiwan has got should be avoided.
Keywords/Search Tags:disposition, change of property, unauthorized disposition
PDF Full Text Request
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