Research On The Unauthorized Disposition Of Real Estate

Unauthorized disposition of real estate is the behaviour that people dispose the real estate without right.Unauthorized disposition is an important and complex institution in civil law.lt is related to the area of the general principles,real rights law,obligation law.It has many problems in legal relations and definition of effect.We need to define what is unauthorized disposition and the meaning of disposition,the act of disposition and the right to dispose.Disposition is deferent from the act of disposition,the later one is a special legal item in the theory of property act,relating to the burden behaviour.The act of disposition is the act that cause the change of property directly. Although there are no disposition of this kind in other countries,we can find there are substantial disposition and unauthorized disposition after functionalism comparison.The meanings and effects are different in various change modes of property.The system of unauthorized disposition has been established in our country for years. Article51of Contract Law prescribes the system generally.However,it is too simple,and has caused many dispute.There are three views including invalid says,valid says and undetermined effect says.These views all have defects and cannot proof the reason that disposition has an effect on the validity of contract,causing contradictions of legal interpretation and barriers of the application of law.If the disposition is separated from the effect of contract,we can increase opportunities to make the contract effective and protect the profit of the relative and those who enjoy the right.So the contract,disposition and performance are the elements of the change mode of property.Unauthorized disposition of real estate has relationship with the acquisition in good faith of real property,the joint ownership of real property and the registration of real estate right,link with the disposition.Unauthorized disposition is the premise of the acquisition in good faith of real property.The acquisition in good faith of real property is one of the reason of the unauthorized disposition.Common relationship is foundation of the joint ownership of real property,which own the object regardless of share.As a result,it may happen the unauthorized disposition.Registralion is the publication method of real property.If the registration has public reliance.the people who dispose the real property may have apparent disposition.This apparent disposition replace the disposition element in the change mode of property.