The Study On Unauthorized Disposal Contract In Our Country

Unauthorized disposal contract is the hard work of civil legislation. Civil legal relationship which includes the subject of unauthorized disposition, the third party and the right holder its' civil rights and obligations are so complex. Unauthorized disposal contract and mode of real right changing are thick as thieves because different mode of real right changing has different concept and effect of unauthorized contract. The author has analyzed the concept and effect of unauthorized disposal contract under real rights formalism, creditor ideal rights formalism and creditor rights formalism on chapter one and tow. While, that analysis which is useful for discussing mode of real right changing are basic of it.From the author's point of view, creditor rights formalism is ours'mode of real right changing. The 51 st item of the Contract Law is the provision about unauthorized disposal contract. However it has so much lawmaking blemish, what's more, its contents are not clear or definite, it impacts the articles of Property Law and Contract Law. Jurists are debating the 51 st item of the Contract Law fiercely. Validity Theory, Invalidity Theory and Validity to be Uncertain Theory which is the traditional theory are all the doctrine about effect of unauthorized disposal contract.The author inclines to cancel the 51st item of Contract Law and construct another article about unauthorized disposal contract. Stipulating the effect of unauthorized disposal contract is validity. Unauthorized disposition means the subject of unauthorized disposition sign the contract with the third party aims to transform the ownership. The ownership is the substance. The articles about transforming ownership of Property Law are the modality, which will not affect the effect of the contract. Once the contract satisfy the demands of contract law about validity contract, it will become effective. The ownership will change if the subject of unauthorized disposition has the act of disposition or the real rights holder recognized the unauthorized disposition, or the owner ship will not change except bona fide acquisition. The changing way of ownership which is movable property is delivery, immovable property is registration.