No Right To Sanction The Validity Of The Contract

The system of unauthorized disposition is extremely complicated and important in the civil law theory. Its corn problem is the validity of the contract signed in the unauthorized disposition, which this thesis focuses on. Because the system of unauthorized disposition is closely related to the theory of Legal Acts and the Changing Model of Real Rights, so in different Changing Model of Real Rights, the effect of the unauthorized disposition contract is also different. In our country, the understanding of the Article 51 in the Contract Law of P.R.C. is controversial. To solve the problem of unauthorized disposition in China, author holds the view that the unauthorized disposition contract should be valid.This thesis consists of the following five parts:The Introduction shows the purpose of the author writing this thesis.Chapter 1 nails down the contents of unauthorized disposition contract. Beginning from the concept of disposition, the author introduces different meanings of unauthorized disposition corresponding with diversified Changing Models of Real Right. And then, the author classifies the unauthorized disposition contract.Chapter 2 makes a comparative research to the validity of unauthorized disposition of different countries, such as Germany,France,Japan,England,America etc. By this, the author reaches a conclusion:The best way to solve the problem of unauthorized disposition is adopting the theory of Real Right Behavior but abandoning the non-causative nature.Chapter 3 puts emphasis on the controversy of the validity of the unauthorized disposition contract in China. And then the author makes some comments on some ways the scholars have designed to solve the problem. Based on this, the author suggests that we should introduce the theory of Real Right Behavior with causative nature into China. Following this, the author demonstrates the feasibility of this design.At the end of this thesis, the author reaches a conclusion and gives a sentiment.