Unauthorized Disposition Research System In China

In China, Unauthorized Disposition Rule formally established after Contract Lawhad been promulgated and come into force. There have been arguments constantlybetween the validity of the contract caused by unauthorized disposition and thealteration of Real Right based on the contract. On one side, the mainstream view andthe judicial practice departments adopt the theory of the Effectiveness-pendingContract; On the other side, many scholars are more likely to support the theory of theValid Contract and consider Article3of Interpretation of the Supreme People’s Courton Issues Concerning the Application of Law for the Trial of Cases of Dispute overContract of Sales as the amendment to Article51in Contract Law about UnauthorizedDisposition Rule. Therefore, there is of great theoretical and practical significance toapproach and analyze the present law institution on Unauthorized Disposition.In order to research Unauthorized Disposition Rule of China, there are fourchapters in this paper. The first chapter introduces the basic theory of Civil Law onUnauthorized Disposition Rule, including the concept of Action of UnauthorizedDisposition and characteristics of Unauthorized Disposition Rule in other countries.The second part is the main chapter. It focuses on comparing the different theoriesabout the validity of the contract and the alteration of real right which caused by theaction of unauthorized disposition in our present system of the Real Right alternation.Additionally, by analyzing some cases, this part aims to find out the best theory forbalancing the benefit protection among three interested parties. The third chapter talksabout the relationship between Bona Fide Acquisition and Unauthorized DispositionRule, and the applicable conditions of Bona Fide Acquisition. The final part is theconclusion of this paper.In China, the constructing process of legal system is still in its infancy. Lots ofregulations in law have their imperfection. The way to solve these problems is toimprove and amend the whole legal system constantly. Moreover, laws from differentperiods also reflect the changing situation at that stage of economic activitycommodity and only the suitable regulation can be valued and live longer. Above all,there is positive influence for the building of Socialist Legal System by judgingdifferent period legislation of unauthorized disposition and probing the best solutionfor unauthorized disposition action.