The Validity Of The Unauthorized Disposition

The system of unauthorized disposition is very important in the civil law. Because of the unique vaule of unauthorized disposition, many therorists of the civil law do lots of researchs on it. It stretchs many areas of the general principles, real rights law, obligation law and closely links to many other specific systems and norms, and thus has a lot of theoretical significances. This paper discusses the validity of the unauthorized disposition should be valid. The recognition of the validity of unauthorized disposition is great importance to the consistency of the Chinese civil law system.The contract law of china stepulated unauthorized disposition for the fist time in Article51, but the arguments never stop whatever in academic circles or legal practice fields. The paper begins with the concept of unauthorized disposition action, analyzes validity of unauthorized disposition in different patterns of property changes in different countries, evaluates popular scholar’s viewpoints on current china, puts forward the proposal of validity of unauthorized disposition action in our country. At the end, re-construction our unauthorized disposition. Attempts to find a way out for Chinese unauthorized disposition dilemma under the context of Chinese civil law.At the same time, this pattern can fit the characteristics more well, and also allow the unauthorized disposition and the relevant institutions, obtaining in good faith, unjust enrichment and the right system for a better warranty, etc. to exist harmoniously. If we want to solve this problem, we should first take a systematic methodology solutions and then adjust values, make up publicity methods. In my paper, it is divided into three parts, that is introduction, body and conclusion, starting it as follows nowIntroduction:this part mainly explains why the author write this paper, in the same time, summaries and evaluates the current research concerned with the topic of this paper, and the points out the independent value and significance of this paper.The body is divided into four following parts againChapter1,:Definition and constitution of the unauthorized disposition. In this section, the author defines the unauthorized disposition, it’s constitution and types that is related to the topics of the paper. Further discussion of the issue should be based on the clear definition and the legal constitutive requirement of the unauthorized disposition. The discussion of the concept of the unauthorized disposition is held under different legislative models of the transference of property. The constitution of the unauthorized disposition includes three aspects, which are the appearance of possessing the property, having no right of disposition or this right being restricted, and disposing the property in their own time.Chapter2:The theory of alteration of real right. In this section, makes a comparative investigation to the validity of unauthorized disposition of different countries, such as Germany, France, Swiss etc. At the end of the part, a conclusion is drawn. By the investigation of the comparative law, it is expected to provide reference for the legislative on the validity of unauthorized disposition act of our country. The discussion is also held under different legislative models of the transference of property.Chapter3:Analysis of the effect of the unauthorized disposition of property. In this section, the author analysis and evaluates theory of invalid, effective and undetermined effect, and argues that our legislation should choose the theory of effective.Chapter4:Reasonable construction of the unauthorized disposition of property. Upon the view of some academic experts and the discussion of drawbacks of the theory, a final conclusion is drawn that the unauthorized disposition should be considered valid in china. Only in this way, we can keep the unauthorized disposition and obtaining in good faith, unjust enrichment and the right system for a better warranty, etc. harmoniously.