Not Entitled To The Concept Of Punishment. On Debiting

The 51st article of The Contract Law of PRC clarifies the effect of Disposal without Authorization. There are huge disputes about the explanation of this article, both in the theory and in the practice. The disputes not only involves issues in the Contract Law, but also involves some fundamental issues of civil law in the Property Law and theories on legal act. To define the act of Disposal without Authorization, there are mainly two ways:the real right format and the creditor format. This article, insisting on the basic theory of the creditor format, makes efforts on finding a new way on explaining the act of Disposal without Authorization, which proves the business contracts involve disposal on others' reality shouldn't be invalid under the System of Disposal without Authorization. The author also provides solutions to this problem, to restore the origin of Disposal without Authorization System, and make it function in a proper way. This article consists of five chapters:Chapter One introduces the theory backgrounds and the studying methods of this article. Chapter Two generally introduces the Disposal without Authorization System under the creditor format:its concept, constitutional elements and main types. Chapter Three mainly introduces the theories on the Disposal without Authorization in China; and with the methods of comparative jurisprudence, clarifies the Disposal without Authorization from the original meaning. Chapter Four and Five are the key sections of this article, they discuss the reasons why the business contracts involve disposal on others' reality shouldn't be invalid, the dilemmas confronting the theory of Effect Suspended. Furthermore, they analyse the reasons for the formation of these dilemmas, and then the author provides his solutions to the question.