Probe Into Unauthorized Deposition Rule

Unauthorized Deposition Rule is always one of the most important rules that arestudied by the scholars of civil law. This law involves a numerous number of basictheories in traditional civil law, including the concept of legal action, and the effect ofit. There is still no conclusion for the issue about Unauthorized Deposition Rule afterProperty Law of the People’s Republic of China("PRC") is made. Meanwhile,Contract Law of PRC and Property Law of PRC absorbed different rules from Franceand Germany, which leads to the obscure description of Unauthorized DepositionRule. In2010, Supreme People’s Court announced Explanations on Several Problemsin Hearing Sales Contract Cases(Draft for Comments), in which it took a newdefinition for the effect of the contract of unauthorized deposition. This essay iswritten on the basis of current situation and further studies Unauthorized DepositionRule in theory.This essay is divided into three chapters except Introduction and Conclusion.Chapter1THE BASIC THEORY OF DISPOSITIONThis chapter mainly explains the concept of disposal and act of deposition. Firstly, itintroduces the theoretical origin and meaning of act of deposition in traditional civillaw and distinguishes the related concept about act of deposition. At the same time, itanalyzes the differences and reasons about act of deposition and Verpflichtung. Last,it introduces the concept of deposition and Verpflichtung, making basis for the furtherdiscussion. Chapter2THE INFLUECE OF THE THEORY OF DISPOSITION ONUNAUTHORIZED DISPOSITION RULEThe theoretical attitudes towards act of deposition all over the world are not the same,so this section takes whether admitting act of deposition as a theory as standard andrespectively introduces Unauthorized Deposition Rule in countries with and withoutthe theory of act of deposition. It tries exploring the influence of different disposalmode on Unauthorized Deposition Rule. Meanwhile, it explains the relations amongUnauthorized Deposition Rule, Bona fide acquisition and unjust enrichmentChapter3THE PRESENT SITUATION AND RESTRUCTURE OF CHINESEUNAUTHORIZED DEPOSITION RULEIn the first place, this section starts from Unauthorized Deposition Rule in the51stregulation, analyzing the different understandings about it in Chinese academia.Combined with what we have discussed above, it explains the specific content ofChinese Unauthorized Deposition Rule, including the effect of it and the nature ofinterpellation and ratification. In the second place, by analyzing the “three stages andtwo relations” of China’s trade behavior, this section discusses the specific effects oflacking disposition and restructures Unauthorized Deposition Rule. At the same time,this part illustrates Chinese regulations of Bona fide acquisition and unjust enrichmentto form a unified and complete theory and system.