The Effectiveness Study Of The Unauthorized Disposal Contract

Unauthorized disposition, a system with great theoretical and pragmatical value,plays an important role in Civil Law of China. The Chinese rules about unauthorizeddisposition mainly focus on the51th article of Contract Law and it has been acontroversial issue to the civil law scholars for a long time because of some existinglegislative defects.The first chapter is mainly to clarify the basic concepts of punishment, anddiscusses the meaning of our country and not entitled to dispose of the contractdisposition; Chapter II meant doctrine claims, property claims formalism formalismand three different types of property which were changes in modes of inquiry, and onthis basis the effectiveness of its category entitled to dispose of the contract issueswere discussed separately; Chapter III of the right disposition of contract lawexperts about the effectiveness of the three theories for the corresponding assessment,put forward their own views, which I advocate effectively say; Finally, the fourthchapter analyzes the legal provisions relating to legislative defects not entitled todispose of the contract existed, and made a sound idea, I finally concluded that noright of disposal contract should be recognized as a valid contract, and the principleof independence while building disposition, the disposition separated from the debtcontract, so as to achieve changes in property rights of individual elements, andcoordinate system to obtain the relationship and goodwill, so that our relevant thelegislative and judicial aspects can be improved and progress appropriately protectthe legitimate interests of the parties, so that the legal system and the legal value ofthe logical choice tends to balance, thus helping to maintain the security oftransactions in the market economy, promote the prosperity of the market economydevelopment.