Re-analyzing Of The Unauthorized Disposition

The matter of unauthorized disposition has been known as “legal spirit”,Designed to protect and coordinate the rights and interests between the rights holderand the third part, Achieving the best protection for the "static security " and"dynamic security" of property. This system undoubtedly carries two important tasks:First, to solve the question of attribution of the subject matte; Second, to solve thedebtor-creditor relationship between the rights holder and the third part.In unauthorized disposition, the rights holder and the third part are in the twopoles of balance of interest. the article51in the Contract Law of P.R.C protect therights holder by limiting the validity of the contract and protect the third part by thearticle106in the property Law of P.R.C. Contract can not withstand the weight of theProperty Protection, Regarding the task of protecting the rights holders as the decisivefactor of the validity of the contract, Undoubtedly confusing the mission of contractto solve creditor-debtor relationship. It doesn’t only violate the rule of the validity ofthe contract and the spirit of autonomy of the civil law, sometimes even becomes theprotective umbrella of bad faith breach of contract.March31,2012, the Supreme Court adopted the interpretation of the applicablelaw "on the trial of the contract dispute cases", The artcle3in disguise acknowledgedthe validity of the contract of unauthorized disposition, It is significant amendment ofthe article51in the Contract Law, It is legislative progress for the contract ofunauthorized disposition to freed from the "shackle of the right to dispose, but Itselfwill also lead to new questions, What direction should be about the protection of therights holders?The Design of three Elements for the change of real right is a good solution, Theproblem of unauthorized disposition involves credit and property right, Any level ofthe change can not completely solve the problem, Acknowledging the validity of thecontract of unauthorized disposition can effectively protect the third person, And regard disposition right as an independent element to limit the change of property caneffectively protect the right holder. Both of joint can make the interest between theright holder and the third balance and coordinate with Good Faith System.