The Research On The Legal Effect Of Agreement By The Obligee Under Unauthorized Disposition

The Article 51 of "Contract Law of the People’s Republic of China" which was issued in 1999 has specified on the legal effect of the effectiveness of the unauthorized disposition contract and ratification by the obligee. In the Article 51 of "Contract Law of the People’s Republic Of China", the legal effect of the unauthorized disposition contract is pending. And if ratified by the right people under unauthorized disposition, the legal effect of the unauthorized disposition contract is valid. The "Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law for the Trial of Cases of Disputes over Sales Contracts", issued in March 2012 (hereinafter referred to as "the Judicial Interpretation of the Contract of Sale") modified the legal effect of the unauthorized disposition contract and stipulated that the legal effect of the unauthorized disposition contract is valid. Thus, the legal effect of the unauthorized disposition contract which is ratified by the right people has also been ratified room for further exploration. On the basis that the legal effect of the unauthorized disposition contract is valid, the author respectively discusses the legal effect of agreement by the obligee under unauthorized disposition according to the subject matter of the possession in the three cases, which is that the subject matter on possession of the relative people, the subject matter on possession of the people of unauthorized disposition and the subject matter on possession of the obligee.This paper demonstrates the legal effect of the unauthorized disposition contract from interpretive theory in the moment of promulgation of "the Judicial Interpretation of the Contract of Sale". And this paper not only eliminates the conflict between the Article 11 of "Contract Law" and the Article 3 of "the Judicial Interpretation of the Contract of Sale", but also draws the scope of application of the Article 3 of "the Judicial Interpretation of the Contract of Sale" which is only suitable for the sale contract containing debts’occurrence. Moreover, in the process of comparative analysis of the Article 3 of "the Judicial Interpretation of the Contract of Sale" and the Article 51 of "Contract Law", the author also introduces the property changes’model of the Article 3 of "the Judicial Interpretation of the Contract of Sale" which is that property changes include creditor’s rights’agreement, property’s agreement, right of disposition and delivery or registration. This paper is just to be launched on the basis of the property changes’model. On the basis that the legal effect of the unauthorized disposition contract is valid, the author respectively discusses the legal effect of agreement by the obligee under unauthorized disposition according to the subject matter of the possession in the three cases, which is that the subject matter on possession of the relative people, the subject matter on possession of the people of unauthorized disposition and the subject matter on possession of the obligee.The first part of this article is the general discussion of the legal effect of agreement by the obligee under unauthorized disposition. This part mainly includes two sections. One is the general discussion of unauthorized disposition and the other one is the effectiveness’choice of unauthorized disposition contract which is on the basis of the effectiveness theory and the significance of agreement by obligee under unauthorized disposition according to the effectiveness theory. In the first section of this part, the author brief describes the meaning of disposition, unauthorized disposition and unauthorized disposition in "Contract Law of the People’s Republic Of China". In the second section of this part, the author firstly introduces our country’s scholars’various theories about the legal effect of unauthorized disposition contract; then the author eliminates the conflict between the Article 11 of "Contract Law" and the Article 3 of "the Judicial Interpretation of the Contract of Sale" from the interpretive theory and analyses the elements of right to dispose which is prepared for the discussion below; lastly, the author briefly introduces the related concepts of agreement by obligee under unauthorized disposition and puts forward to the significance of research on agreement by obligee under unauthorized disposition from the effectiveness theory.The second part of the paper consists of Chinese theoretical research and evaluation on the legal effect of agreement by obligee under unauthorized disposition. This part mainly includes three sections. The first section is our country’s scholars’ view on the property of agreement by obligee under unauthorized disposition. The second section is our country’s scholars’theoretical attitude on the legal effect of agreement by obligee under unauthorized disposition. The third section is the evaluation of our country’s scholars’theoretical attitude on the legal effect of agreement by obligee under unauthorized disposition on the basis of the effectiveness theory. In this part, the author enumerates the current academic theories of the nature and the legal effect of agreement by obligee under unauthorized disposition, then respectively evaluates and analyzes the view of the current academic theories of the nature and the legal effect of agreement by obligee under unauthorized disposition, as discussed below theoretically possible to prepare.The third part is the focal point of the full paper. This part is detailed analysis of the legal effect of agreement by obligee under unauthorized disposition. On the premise that the legal effect of the unauthorized disposition contract is valid, the author respectively discusses the legal effect of agreement by the obligee under unauthorized disposition according to the subject matter of the possession in the three cases, which is that the subject matter on possession of the relative people, the subject matter on possession of the people of unauthorized disposition and the subject matter on possession of the obligee. Meanwhile the author further subdivides the three cases mentioned above and complete and detailed discusses the legal effect of agreement by the obligee under unauthorized disposition under all circumstances, which not only is in line with the form of logistics and rationality, but also realizes the legitimacy of value. This not only makes up for the lack of theory, but also coordinates the relationship of the tripartite interests.