Study Of Legal Effect Of Unauthorized Disposal Contracts

Article 51 of the code of our country "contract law" regulation, the "unauthorized disposition, dispose of property of others, or by the holder of the ratification of unauthorized disposition contract after get the disposition, the validity of a contract." Generally considered the provisions of the right to dispose of the provisions of the contract effectiveness, but on how to understand and apply the contract law, article 51 of the code of civil law academia and practice began a long debate on the issue.In this paper, on the right to dispose the contract will be discussed as an object. Article 51 of the first chapter of "contract law" and "the supreme people’s court about buying and selling contract dispute case applicable law question the interpretation of article 3 of the different rules lead to this paper discusses the object, namely the right to dispose of the contract. The second chapter, through the analysis of the meaning of "punishment" the burden of behavior of legal act theory is introduced and the disposition, the classification of clear has no right to dispose of the meaning, then through comparing has no right to dispose of system and other related system, further to the right to dispose the connotation of the concept of contract to clear and clear. The third chapter mainly introduces the different real right change mode and its characteristic, analysis of the right to dispose the contract relationship with the change of real right system, discusses our country real right change mode has no right to dispose of the effectiveness of the contract. The third chapter mainly compares the different real right change mode analysis, mainly involving the French civil code and German civil law related theory, and aims at the so-called "compromise" the defects of legislation mode of the criticism, of the property law established in China made the brief analysis of the real right change mode. The fourth chapter mainly analyzes the law of our country has no right to dispose of the contract, through to the "contract law" article 51 of comb from different points of view, analysis of streamline "contract law" on the right to dispose of contract effectiveness, in the supreme people’s court about buying and selling contract dispute case applicable law question the interpretation of article 3, on the basis of analysis, think "contract law" stipulated in article 51 of the right to dispose of the contract effective for creditor’s rights contract with pending validity of the right to dispose of the behavior. The fifth chapter analyses the has no right to dispose of and the application of the good faith system problem. I think, have the right to dispose of the contract effectiveness problems should be combined with the property law of real right change mode for the overall analysis, this helps to ensure the accuracy of the applicable law and judge the fairness of the result.Through the above analysis of the right to dispose of contract effectiveness, this paper draw the following conclusion:on the legal theory should be adopted to distinguish the principle, should be taken in the application of "contract law" article 51 narrowed the explanation, clear and the supreme people’s court about buying and selling contract dispute case applicable law question the interpretation of article 3 of the relationship, to have the right to dispose of contract dispute cases correctly. "Contract law" stipulated in article 51 is to dispose the validity of the real right, the effectiveness of the contract rather than a creditor’s right; The supreme people’s court about buying and selling contract dispute case applicable law question the interpretation of article 3 of the provisions of the contract effectiveness is, have the right to dispose of the contract is valid, not because the seller is the separation of failing, of course, is invalid.