On The Effectiveness Of The Contracts For Sales Under The Unauthorized Disposal

Unauthorized disposal is complicated in civil law theory, because of involved many civil subjects, complication of civil legal relationship, main body of the civil law, relevant civil legal systems. Its importance is not only reflected in the level of theoretical research but also in real life. Many countries have experienced a long-term exploration process of making regulation.The <Contract Law> in our country firstly regulated the effectiveness of contract under unauthorized disposal. But since the provision, it has caused a heated discussion.In order to standardize the practice operation, in 2012 the Supreme People’s Court has issued Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law for the Trial of Cases of Disputes over Sales Contracts. The article 3 confirmed the effectivenessof the contracts for sales under unauthorized disposal. There is a conflict between this regulation and article 51 of <contract law>. First of all, authorananalsized the different views in theoretical circle, and then using the method of hermeneutics, respectively, interpretates the <contract law> article 51 and article 3 of the interpretation No.8 are explained, then through the analysis of the specific case under the condition that our country has no right to dispose of the contract decided that exist in the theoretical level, standard level, the problems existing in the judicial practice.Secondly, the author advances the idea that the socialist market economy in our country under the background of deepening reform and development, adhere to the business contract has no right to dispose of circumstances should be effective point of view, and the rationality of an argument. First, seeking the provision which set the theoretical basis of behind, verification by means of logical deduction is its logical justification, finally USES the method of comparative study for the provision of legitimacy, certainly this provision set of intrinsic value and meaning. Dissertation finally through to the legal effect of contract directly and in effective said circumstances for the protection of the holder of the original conclusion: not only buying and selling contract has no right to dispose of circumstances will not be a direct threat the legitimate rights and interests of the original holder of the subject matter, also can effectively balance the interests of the other party in good faith, save transaction cost, maintaining the order of the dynamic security and stability of market economic transactions.