The Effect Of The Contract Of Unauthorized Disposition

The problem of Unauthorized disposition involves multifaceted basic legal relationship,Professor Wang Zejian has used "the treasure of legal thinking "to describe the importance of unauthorized disposition.It is not only designed to protect and coordinate the interests between owner and third person,but also coordinate static security of property and dynamic security of property.Here are some reasons:first of all,it is closely related to a series of legal concepts such as legal act,Bona Fide acquisition,principle of publicity and compensation for damage.Secondly,in practice,the effect of unauthorized disposition contract is closely related to the protection of a third person and ensure the security of transaction.Final,unauthorized disposition refers to the Obligation Law and the Real Law.By studying it,we will gain a lot.The 51th article of the Contact Law undergoes doubts and criticism from many scholars since its enactment.The new judicial interpretation cause the passion to discuss the the problem of unauthorized disposition again.For example,Whether Jurisprudence should discuss the appropriateness of Effectiveness Pending say or not.Whether the new judicial interpretation adopt effective views or not.Whether we should introduce the Theory of Property Act from Germany or not.Whether we should change Chinese mode of Property change.Which doctrines is the the most appropriate for China?We need answers.I research the problem of unauthorized disposition as a whole in this paper.First of all,I try to define contracts of unauthorized disposition and choose the concept "Unauthorized Disposition Contracf" as basic concept.Moreover, I study how does the matter of contact influence the unauthorized disposition.Secondly,I introduce the foreign law about problem of unauthorized disposition,so that we can compare their differences,and adopt the essence.Third,collating and analyzing different theories about fifty-first in "Contract Law" and third in "Judicial interpretation of the contract of sale"by legal analysis and value analysis in China, trying to find the most plausible explanation about the effectiveness of the unauthorized disposition Contracts.In regard to fifty-first in"Contract Law",there are five different academic theory.Most scholars reach a consensus that validity of the unauthorized disposition contract is Uncertain.In regard to third in "Judicial interpretation of the contract of sale",there are two different academic theory,I think such contracts should be given valid. It has the following rationality. The validity theory reflect the distinguishing between property changes and validity of the contract.It is not only beneficial for protecting Third Party,but also ensure the security of transaction.It links up Impossibility system and Bona Fide Acquisition.Future contracts traded matter can get legal recognition.Though it is not perfect,but more good than harm.Final,I propose use disposition as important document of property changes,trying to find the most reasonable way to solve the problem of unauthorized disposition.