The Comparison Of The Judicial Judgements Before And After The Judicial Interpretation Of Sale And Purchase Contracts

The right to dispose of the issue has long plagued our legal theory and practice, the question is not entitled to dispose of the contract binding the core of the right to dispose of the problem, because the right to dispose of the contract is not entitled to dispose of the hub to connect related systems, and therefore become scholars focus of the study.Unauthorized disposition contract validity of both a theoretical issue, but also a practical issue.This article from the sale before the introduction of judicial interpretation, local courts have no right to dispose of the contract effective judgment to sort, analyze, both before and after the discovery of a different verdict, the academic validity of the contract on the right disposition, said there are also invalid, the effectiveness of undetermined say and say different effective theories.After the sale of judicial interpretation of the relationship with the "Contract Law", "Property Law" and other relevant laws were analyzed, we believe that the right to dispose of a valid contract, said in line with the "Contract Law," the spirit of the legislation.In the case of the analysis of the plight of the "Contract Law" Article 51 as the center of the right to dispose of the rules of the validity of the contract, and then proposed disposition in the "Property Law" should be more specific provisions.In this paper, in favor of "disposition" Independent Property elements into one vision changes, no right to dispose of the problem involves two levels of credit and right to change any one level are not completely solve the problem.Recognize the effectiveness of property disposition contract may make a third person on the effective protection of creditors, the "disposition" as a separate requirement limiting property changes can make the right people to get on the protection of property rights.