Research On The Validity Of Unauthorized Disposition

With China’s socialist market economy continues to deepen, as well as the process of global economic integration accelerate ceaselessly, more and more complex tasks of economic transactions phenomenon need legal norms and adjustment. Unauthorized disposition becomes the particularly important and key factor as it is a prominent topic in the civil law. Unauthorized disposition system has been the controversial legal system since "Contract Law" was published, because it involves various subjects of the legal relations and civil system and it is very complex in theory. Unauthorized disposition is a complex and difficult topic in the "Contract Law", at the same time because it involving property change model, and has the closing relationship of the bona fide acquisition system. Also unauthorized disposition relates to the civil legal relationship, for example like tort. Therefore, studying the unauthorized disposition is playing the decisive role for establishing more perfect civil law system and promoting more effective development of the socialist market economy. As the continue development of the socialist market economy in China, and the process of global economic integration is getting speed up.For the study of the effect of the unauthorized disposition, this article will divides into five parts to analyzing and discussing, which is the introduction of unauthorized disposition, the outline of unauthorized disposition system, the analysis of the effect of unauthorized disposition, the limitation and improvement of unauthorized disposition, and the unauthorized disposition system with the bona fide acquisition. Base on the analysis of the concept of unauthorized disposition in different property change modes and the different provisions of unauthorized disposition in the foreign countries and China, this article defines the concept of unauthorized disposition system in our country, summarizes the limitations and put forward the solutions. The creative achievement of this article is mainly base on the analyzing of the different provisions of the effect of unauthorized disposition in the foreign countries, also the analyzing of the different viewpoints of the effect of unauthorized disposition in the academics of China, than giving advices for clearly define the effect of the unauthorized disposition in our country, also combining the bona fide acquisition system, studying exactly what the effect is of the unauthorized disposition is the key factor in dealing with real case of unauthorized disposition, also this is the first and foremost prerequisite to protect the bona fide counterpart and the legal right of the true obligee.