On Unauthorized Disposition

Unauthorized disposition system has an important status in the whole civil law system, professor Wang Zejian named unauthorized disposition the "spirit of the law". The importance of unauthorized disposition system, is not only reflected in the level of theory, but also in the judicial practice. In the theoretical research, the unauthorized disposition system is closely related with the theory of juristic act of real right, so it has important theoretical research value. Because of the complexity of the real right behavior theory, the unauthorized disposition system is also full of complexity. Regardless of whether to adopt the theory of juristic act of real right, a reasonable set of unauthorized disposition system are related to the healthy development of the social economy, this also reflects the importance of this is the unauthorized disposition system in real life. In the civil law system, the unauthorized disposition system and the theory of juristic act of real right, legal concept and the system of bona fide acquisition is closely related; in the contract law system, the unauthorized disposition system is in close contact with the validity of the contract, warranty against defects. Therefore, it is crucial to set an reasonable rule to regulate the unauthorized disposition system, national legal researchers have experienced a long-term process of exploration on it. In this process, depending on whether to adopt the theory of juristic act of real right, the unauthorized disposition system is different among countries, different system designs have different impact on social economy and theoretical research. According to the different mode of real right, different unauthorized disposition systems are also been introduced in this essay.Contract law promulgated by the people’s Republic of China, article fifty-first of the unauthorized disposition system regulations sparked a heated discussion in the civil law circle, scholars share different views on the provisions and the validity of "contract". The contract law of our country, whether the concept of juristic act of real right is been adopted in our contract law is widely discussed by scholars, and the validity of the contract of selling other’s property is also been argued. Article fifty-first caused tremendous discussion in the theoretical circles. At the same time, it caused troubles in the judicial practice. Treating the unauthorized disposition contract as invalid will lead to the relative person’s interests unbalanced protected. Judicial practice of determining the validity of selling other’s property contract also directly affects the development of economic life. Treat these contracts invalid disobey the rules of economy development and can not meet the purpose of the transaction which market economy needed.In2012June, the Supreme People’s Court promulgated a file on the trial of law applicable contract cases. The third article of this file made another rules on unauthorized disposition contract, which is different from article fifty-first in Contract Law. This paper starts with explaining the meaning of unauthorized disposition, and introduces different system design of unauthorized disposition in foreign law. The main part of this paper will be used to introduce the provisions of unauthorized disposition system of the contract law of our country, carries on the analysis to article fifty-first in the Contract Law from the view of hermeneutics and analyzes the latest rule made by the Supreme People’s Court, trying to find the most reasonable arrangement of unauthorized disposition by comprehensive and objective analysis.