On The Right Disposition

Unauthorized Disposition has different efficacy affirming and solving models under different real transforming models in concrete countries. The 51th article of the Contact Law undergoes suspicion and criticism from many scholars since its enactment. This thesis argues the affirming of the contract of the Unauthorized Disposition should be based on the distinction between the obligation and the real. From the method of comparison, most countries of Continental Law System and Anglo-American Legal System recognize the validness of the Unauthorized Disposition contract. This is in accord with the overall developing trend of Contract Law and the objective requires of the market economy. When dealing with issues concerning Unauthorized Disposition, we should maintain the beneficial balance among three parties in view of their interests. As the 51th article of our country's Contract Law is rather adverse to the protection of the third party, it is necessary to reconstitute it. Unauthorized Disposition not only refers to the Obligation Law and the Real Law, but gets its charm from its coordination and coherence with the other civil law legislations. So recognition of the effectiveness of Unauthorized Disposition contracts is beneficial for its harmony with other legislations.