A Research On The Effectiveness Of Unauthorized Disposition Sale Contract

The theory of the validity of unauthorized disposition sales contract can be related with a lot of other theories,such as bona fide acquisition,voluntary service,and unjust enrichment.They have formed a logical and rigorous system of effectiveness.Its position in civil law is evident.Has long been a debate about this issue,opinions and scholars around the effectiveness of the sales contract,the writing of books in order to provide guidance for the court to deal with similar cases,the supreme people's court enacted law interpretation in 2012[012]no.8 judicial interpretation,the article 3 affirmed the right to dispose of the effectiveness of the sales contract in the academic circle again caused quite a stir.Theory from practice to practice,to accept the inspection from the practice.This article collected from around the country in recent years,the court at the level of 50 cases and its corresponding to 93 copies of legal documents,through empirical analysis concludes that the current practice in our country is gradually accepted completely valid said,a growing number of court when the referee was quoted as saying the Supreme Court's judicial interpretation to confirm the right to dispose of the effectiveness of the sales contract but because suffer from theoretical controversy,the judgment in reasoning is still not properly.Based on the analysis of exposed problems in the example above,this paper argues that is a must to solve these problems,first of all,we should be free from the original concept has no right to dispose of the contract,and put forward a more reasonable concept has no right to dispose of sales contract.On the empirical analysis summed up by the theory and practice in our country,summarized the existing some confusion and puts forward countermeasures for our country has no right to dispose of buying and selling contract effectiveness research provides a direction of these confused answer all point to this end,it is confirmed that the right to dispose of the effectiveness of the sales contract.Since confirmed the right to dispose of the effectiveness of the sales contract is the key to solve the encountered problems in practice,it is necessary to have no right to dispose of buying and selling based on detailed analysis of the effectiveness of the contract provides a strong theoretical support;for their principle of autonomy of private law and the relativity of contract theory provides a powerful business contract effective support;the protection of the counterpart of the contract embodies the value goal of the contract law;protection of transaction security is in line with the rules of interest measurement;And even buying and selling contract,as a result of the existence of article 51 of contract law it doesn't have enforceability,will not have substantial impact on the original obligee's rights as the right to dispose of business contract effective after found these theoretical support,the only limit to make the contract valid is article 51 of contract law.Through the empirical analysis about the right to dispose of sales contract in our country at present derivation of the problems existing in the judicial practice,and through the analysis of the problems discussed shall confirm the right to dispose of business contract valid conclusions,then analyzes the effectiveness of the conclusion based,has been basically can get sufficient reason,however,make the contract effective about business contract explain the relationship between article 3 and article 51 of contract law problems still confusing.In order to solve the puzzle,this article thinks that we should reconstruct our country's right to dispose of the sales contract effective system.First of all,through the decomposition of the effectiveness of different levels of contract,the establishment of China's contract effectiveness stratification system;Secondly,the application of legal and judicial interpretation in China is coordinated from the perspective of the difference between the validity of the contract and the validity of the creditor's rights.Finally,it is necessary to establish the system of safety net to ensure the legal property right of the right holder.