The Validity Of Unauthorized Disposition Contract

Unauthorized Disposition is a very complex problem.It’s resulted in a long dispute in civil law.The validity of the Unauthorized Disposition contract is the core issue to Unauthorized Disposition.This paper takes Jiang v.Zhu,Zhang invalidate a contract dispute case for example to discuss it.The full text,more than 19214 words,is divided into four parts:In the first part,the basic facts and head notes are introduced and three focus of controversy summarized-Whether Zhu’s behavior is unauthorized disposition,and if the contract of real estate sale in this case is valid.At last,whether Zhang’s behavior constituted Bona Fide Acquisition.The analysis of three dispute points of this case constitute the second part.Firstly,introduce the meaning of Unauthorized Disposition,then determine whether Zhu’s behavior is unauthorized disposition or not,and then analyze the validity of unauthorized disposition contract under the most typical three modes of the rules of property rights change,combining of theories of real right change and history of legislation and judicial practice.Through these analysis derive the conclusion that the contract signed by Zhang and Zhu is a valid one.Then analyze whether Zhang meets the Bona Fide Acquisition.Then analysis of the elements of bona fide acquisition reach the conclusion that Zhang does not constitute a bona fide acquisition.In the third part the author reviews all court judgments.The last part is the conclusions that currently,as a general principle,Unauthorized Disposition contract deemed to be valid,and invalidate when there is evidence that the third party is "Non-bona fide" as a special circumstances.The elements of the change of real right conclude a valid contract,Disposition and delivery or registration,supplemented by bona fide acquisition system to protect the benefits of the bona fide counterpart and to ensure the security of transactions at the same time in case of Unauthorized Disposition.