Unauthorized Disposal And Validity Of Contract

Unauthorized disposal is a very complicated legal problem. It involves not only three layer civil law relationships, which specifically include civil law relationships between the unauthorized disposer and the other party in the disposition, the unauthorized disposer and the party who is enjoying the property, the party who is enjoying the property and the other party in the disposition, but also the important theoretic problem of whether juristic act of real right can be separated with the juristic act of creditor right. To solve the legal problems arising from unauthorized disposal, which are related to three fields, namely, general principles of civil law, real property law.and contract law, we should research into law systems like juristic act, contract of sale, registration of real property, possession of movable property, compensation system for damages, unjust enrichment, etc. unauthorized disposal has been a controversial problem in recent years because of its complexity; Besides, the provisions of the Contract Law are so vague with some kinds of misunderstandings in theory and practice being caused Therefore, unauthorized disposal is a problem worth further studying and researching.This thesis, beginning with a simple case in order to draw forth the problem of unauthorized disposal, compares contracts of disposal without right in the world, analyzes three different arguments in the current theory field with the connotations of unauthorized disposal in the different disposal modes as entry points and concludes that the contract of unauthorized disposal should be valid. This thesis can be divided into four parts. The first part deals with a simple case and draws forth the problem. The second part investigates meanings of disposal in different disposal modes, discusses and comments on three main doctrines of Provision 51 of Contract Law, argue the validity of the unauthorized disposal with the comparative and positivism methods based on the legislation cases, spirits of contract law, and the link between Law of Real Right and Contract Law, and reaches the conclusion that unauthorized disposal in China's contract law equals to creditors'contract. Only when unauthorized disposal is valid can.we live up to the purposes of establishing contract and encouraging business under market economy, which will be in accordance with the basic value-orientation of contract law:freedom, fairness, efficiency and respecting independent personality. The third part studies relevant problems of unauthorized disposal, including the relationship between the validity of the contract and the malice or goodness, the publicity principle and its validity, the acquirement of goodness and the validity of contract, and how to understand the provision 15 of real right law. Based on the analysis the author concludes that the validity of contract is irrelevant to the subjective mindset of a person and the acquirement of goodness is based on the validity of the contract and the goodness is judged by the publicity principle. Through the analysis of real right and creditor right, the author reaches a conclusion that juristic acts of real right has independent intention declaration and its validity is irrelevant to validity of contract. Lastly, the author summarizes the contents of the thesis and concludes that disposal right is not a necessary condition for the validity of contract and the independent intention declaration of real right is definitely existent.