The Inspection And Supervision Of The False Action

Unauthorized disposition has different meanings in different patterns of property changes of current countries. As the representative of our basic law, The General Principles of the civil law adopted different property rights legislation mode. It’s not only different from the civil legislation of France but also different from the civil legislation of Germany. The mode of change of property right in current China Civil Law is based on contract, combine with delivery or registration. Therefore, the meaning of Unauthorized disposition in current China Civil Law is that the person who have no right of disposition made some contracts for the purpose of making changes in the rights of the subject matter, lacking of disposition do not affect the effectiveness of contracts.China Contract Law learned the concept of disposition from Taiwan law and German law, but does not recognize the theory of the Civil Juristic Acts of Real Rights, which made some confusion in our life. Therefore, the author of this article believe that the fundamental way to solve this confusion is to redefine the concept of "disposition ", then re-construct the rules of Unauthorized disposition in current China Civil Law, only in this way can we find a way out for Chinese unauthorized disposition dilemma under the context of Chinese Civil law.