On No Right To The Effectiveness Of The Disposition

Non-right disposition is a very complicated legal issue, as the issue involves many basic theories of civil law such as models of varying the property right, and different countries have different legislation, all above results in persistent strife and discussion. Since"the Contract Law of the People's Republic of China"was promulgated, relating to the validity of non-right disposition has endless controversies. Firstly, this paper concludes the present study situation of non-right disposition. There are different theories on the validity of non-right disposition. Apparently, the only difference between non-right disposition is determined, but at a deeper level, it is because they have their different choices in models of varying the property right. This led to the introduction of models of varying the property right. Our country has accepted the model of the creditor's right formalism. Then the article makes a distinction between non-right disposition and the other concepts. Furthermore, the article studies the legal structure of non-right disposition--its constituent elements and related legal relationship. On the basis of definite defining the intrinsic meaning of non-right disposition, the article studies the validity of non-right disposition according to different models of varying the property right from the perspective of Comparative Law. Then the article deeply analyses three theories about non-right disposition, and discusses the validity of non-right disposition. Lastly, the article concludes the stipulation of non-right disposition (Article 51 of Contract Law) is also imperfect. We should amend the Contract Law and perfect it, so that the whole civil law systems can coordinate and the interests of the parties can maintain a balance.