| The system of unauthorized disposition, relating to many civil rules, is theoretically quite complicated .This thesis discusses the validity of the unauthorized disposition from different aspects and holds the view that the unauthorized disposition should be valid. The recognition of the validity of unauthorized disposition, deriving from article 51 in the Contract Law of P.R.C, is of great importance to the consistency of the Chinese civil law system. This thesis consists of the following four chapters:Chapter 1 talks about the concept of unauthorized disposition. Further discussion of the issue should be based on the clear definition and the legal constitutive requirements of the unauthorized disposition. The discussion of the concept of the unauthorized disposition is held under different legislative models of the transference of property.Chapter 2 makes a comparative investigation to the validity of unauthorized disposition of different countries , such as Germany,France,Swiss etc. At the end of the part, a conclusion is drawn, that except France other countries recognize the validity of contract which is concluded based on unauthorized disposition .By the investigation of the comparative law, it is expected to provide reference for the legislative regulation on the validity of unauthorized disposition act of our country.Chapter 3 discusses the difference and the relationship between the validity and bona fide acquisition,unjustified benefits respectively. By this, it is clear to find the status of the unauthorized disposition in the whole civil system .The discussion is also held under different legislative models of the transference of property.Chapter 4 introduces the regulation of unauthorized disposition in our country .Upon the view of some academic experts and the discussion of the drawbacks of the theory of invalidity of unauthorized disposition, a final conclusion is drawn that the unauthorized disposition should be considered valid in China. |
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