On The Right Disposition Effect Contract

Unauthorized disposal is a very complicated legal problem in civil law.On onhand it involves at least three legal parties`interest.On the other hand it is closelyrelated to a series of legal concepts such as title transfer, bona fide acquisition,Thereliance interest of the third party and social security transaction.Due to thecomplexity and the multi-angle,the academic view and the legal rules to this questionvaried.Against this background I try to look to the conclusion of the legal effect ofunauthorized disposal based on the legal purpose of contract law and real right law.Throughout the law rules of other countries I have learned that regarding the legaleffect of unauthorized disposal contract as valid is a common choice and these rulesare also logical based on legal theories.Although nowadays there are debates inacademic views,I consider controversy be rooted in the obscure definition abouttheories of contract and real right system which lead to the confusion betweenconcepts.We can only discuss the validity of Unauthorized disposal contract if wediscriminate the concepts of this two closely related systems clearly.This thesis will be divided into four parts to prove my opinion.In the first part Iwill define the concepts related to this thesis and the focus is on the concept of act ofdisposition and Verflichtung sgeschaft in German Law.Besides,I will bring out thequestion by analysis of rules in our country`s contract law and judicialinterpretation.In the second part I will list the rules of laws in other countries andregions such as America,Japan and Germany.Besides I will analyse the rules on thebasis of legal logic for comparative study.In the third part I will state the legal theories of contrat law and real right law.Under different patterns of transform of propertyrights,the contract system needed is also different.With respect to real property right Ifocus on the theory of patterns of transform of property rights.With respect to contractlaw I mainly focus on the legal principle and legislative intent.Then we will get aconclusion which is logical in legal system theory.In the fourth part I will expound theinfluence of considering unauthorized disposal contracts valid on stakeholders inpractice,so that I can expound and prove the rationality and maneuverability of theconclusion of this thesis.