Unauthorized Disposition Of The Legal Effect And Consequences Of The Contract

The Contract law aims to formulate a series of detailed rules to promote trades between legal parties,so that it realizes the things’s circulation, to maintain "dynamic security" or "static security", eventually to promote economic developments. With the deal is done actually a process that the rights are changed, it can be a possession, use, benefit, or disciplinary action. All of them, the most stringent right is disposition. Also namely transfer ownership is the premise of the right holder of the disciplinary right of the subject matter. Therefore, the disciplinary right’s definition become particularly important. Disciplinary right also referred to as the "spirit" in the history of law by Taiwan professor Wang Zejian, its importance is self-evident And as to the meaning of disciplinary right is not clear in our country, specific only stipulated in article51in the Contract law, and did not to distinguish between burden behavior and punishment behavior. And dispose of the denotation’s scope also did not clearly defined. This paper argues that the "punishment" about Contract law as provided for in article51is refers to the legal sanction, the point of a clear distinction between "disposition" and the "burden" think again at the same time, the burden of behavior and disposition, one sure that changes in the ownership of the subject matter is the effect of business contract occur directly, namely, the effectiveness of the sales contract includes a transfer of ownership of the subject matter, does not require in the sales contract, have again about the purpose of transfer of ownership, so the punishment behavior contains both burden also contains disposition behavior. The paper also discussed on the basis of this. This paper also combined with the German real independence and non-causative nature theory,the theory of right’s change mode has carried on the detailed elaboration, for the problem under the precondition of creditor’s rights formalism. Arguing the distinction between disciplinary action and the dispose of the contract, the constitutive requirements of the disciplinary action. Thinking the legal effect of contract is pending validity. In perfecting the theory, pointing out the problems existing in the law at the same time, to the problems that how to apply the legal consequence of contract and its relationship with the good faith system are discussed. Finally making advises to consummate the suggestion and the path of future development in our country, hoping to be able to play the role of the topic.