Study On The Validity Of Unauthorized Disposition Contract

Unauthorized disposition has long puzzled legal academic and practice fields in China, and validity of unauthorized disposition contract is the core issue. Because it is the pivot connecting relevant rules and regulations, unauthorized disposition contract has become the research focus of legal scholars. There are various opinions on validity of unauthorized disposition contract. In previous research, most scholars conducted their study of unauthorized disposition under certain theoretical circumstances; however the writer holds that, although unauthorized disposition law systems of various countries share some common principles, to better resolve such problem requires a solution integrating legal practices of our own country. Hence this paper cites an example of a property dispute case regarding unauthorized disposition. Upon the basis of unauthorized disposition contract effect research and relevant regulations, the paper tries to resolve the problem of unauthorized disposition. There are three chapters in all:the first chapter mainly introduces the development and dispute focuses of the case as well as related problems; the second chapter analyzes major points of this case:the first one is whether the behavior of Mr. Bi constitutes unauthorized conduct. Then the paper discusses the concrete meanings of some basic concepts in the context of Chinese legal system, such as disposition act and unauthorized conduct. Further analysis involves validity of house bargain contract, and under the condition of separate argumentation of contract validity, the paper puts forward its connection with relevant regulations after the contract is validated. The third chapter comprises the writer’s thinking and advices of settlement for unauthorized disposition. This chapter firstly concludes the whole situation of unauthorized disposition in Chinese legal system; then it suggests some amendments of No.51particle of Contract Law. Such advice is proposed from the angle of contract effect and aims at removing the influences of disposition right over validity of unauthorized disposition contract. In other words, the act with pending effect only constitutes unauthorized conduct. Furthermore, from the prospective of right ascription, the paper proposes adjustment of unauthorized change mode and adds with an essential of disposition right. The essential acts as a valve to make sure the right of the oblige won’t be disposed at will, i.e. if one item is about to alternate, apart from fulfilling the conditions of valid contract for credit and act publication, the essential condition of the conductor having the right of disposition should be satisfied simultaneously. Therefore a pattern is formed, in that without disposition right unauthorized disposition contract remains valid so long as general valid essentials are fulfilled; on the other hand, if the effect of unauthorized act is pending, real right won’t be alternated as the consequence of unauthorized disposition.