Unauthorized Disposition And The Innocent

In the different real right change pattern, meanings of unauthorized disposition aredifferent, so the efficiency of unauthorized disposition contracts and understanding ofbona fide acquisition also could be of lots differences. After the publishing of theChinese Contract Law, regulations about fifty-first unauthorized disposition system havealways been controversial, but in terms of validity rules of the Supreme People’s courtannounced in the sale contract, contract of unauthorized disposition principle is effective,while whether the resulting and contract law has become conflict and the bona fideacquisition could also be worth thinking in this case. This paper is based on the differentmode of real right changing, and trying to explore the relationship of unauthorizeddisposition and bona fide, connecting the relate provisions of different nationallegislation on this issue, making analysis on China’s contract law and the Supreme Courtjudicial interpretation in the specified effectiveness of unauthorized disposition contractexisted on the legislation choice conflict, At last to evaluate the new judicialinterpretation of the relevant provisionsThe full text is divided into three parts:The first chapter: The different change of property right relationship has no right todispose of and bona fide mode, starting from the characteristics of three different patternsof real right alteration, the different real right alteration mode of unauthorized dispositionand bona fide do comparative study.The second chapter: The argument and the understanding of the bona fideacquisition about the "contract law" the fifty-first, introduces the validity of unauthorizeddisposal pending said, conditional effective said, effective three different argument andthe understanding of the bona fide acquisition.The third chapter: Impact on the evaluation effect of "interpretation" in2012on thetrial of law applicable contract cases of unauthorized disposition contract of acquired in good faith. With the view of Mr Liang on the new judicial interpretation of the idea,make evaluation on the interpretation of the new interpretation.