Unauthorized Disposition System

Right disposition system is an important system in the civil law, it stretchesfrom the Property Law and Creditor Law. All of the ancient Roman law and ancientGermanic law absolute protection principles and assigns absolute protectionprinciples, you can see the shadow of the right disposition, Mr. Wang Zejian calledthe "Law on the Wizard, in the civil law doctrine jurisprudence "repeatedly discussed.Thus, the complexity and importance of property rights sanctions system. Have noright to sanction system is not only the security dynamic in the relationship propertytransactions and static security also involves the integrity of the legal system. Choosea different property rights changes in the legislative mode of the effect is different.Based on this, this paper start from the basic meaning of the right dispositionand analysis of the right disposition of the Elements, compared with the confusingconcept of the right disposition and the right agent for management to define. Notentitled to the penalty system of the pros and cons of different modes of thelegislative system of the right disposition, cf Germany, Switzerland, France,represented by the property right of our country have no right to dispose of theeffectiveness of review between the various doctrines of the academic. proposesuitable for our country no right to the point of view of the disposition effect.Not entitled to the Disposition and the Innocent and the unjust enrichment of therelationship between textual research. In essence, acquired in good faith at theexpense of the static security of property ownership for the price to protect thesecurity of the system of property transactions moving. Unjust enrichment from thesafety point of view of ownership, focus on the protection of the interests of theowner. The protection of property ownership static safety and security of propertytransactions move the safety of the original as important as, and must not simplyfocus on the one hand neglected the other hand. In the right disposition of occasions,how to balance the right to sanction acquired in good faith and unjust enrichmentbetween relations and safeguard the security of the transaction, the relationshipbetween system and construct.The provisions on the right disposition for in our legislation, focusing on acritical analysis of the relevant provisions of Article51of the "Contract Law" ofscholars not entitled to the disposition effect doctrine suited to China’s point of view of the right disposition and effect. Solve the right disposition, and how to coordinatea third party between the interests of the balance of rights and fundamental criteria.For future legislation in China have no right to the penalty system of fine design andspecification to better achieve the purpose of the law of the system to achieve thecoordination of legislation, to make up for the defects in the pass, said, respect forfreedom of contract, the parties means protection, so as to maintain the transactionsecurity. Design recommendations for future legislation in China from theconnotation of right disposition and the right disposition and the consequences of theangle.