On The Unauthorised Disposition Of The Material And Debt Dichotomy System

The theory of the rights of real right from the obligatory right is used by the civil law countries to divide the property rights system in the field of private law.So that the real right and the obligatory right become two most important property rights in the civil law countries.In this country,dualistic system becomes the most common model in state of property law.In 1900,the "German Civil Code" adopted the dualistic system.To this different right about the real right and the obligatory right,this code prescribes about the details,character and purpose,makes it to be the two most important cornerstones in property rights system.The kind of practice is not only a template for the construction of the legal system of civil law countries,but also makes the specific interests of civil law in the form,to facilitate the formation of legal norms and the establishment of the rules of the referee.So,it should be under the dualistic system,to think and study the basic issues of civil law.The untitled property disposal is an important part of legal research and judicial practice,involving complex theoretical doctrine and multi-level interests.With the development of social and economic life,there are many instances in the judicial practice that do not have the power to disposal of other people's object.It is difficult to determine the validity of the contract and the attribution of the object.The existing legal provisions are not complete,in the practice the treatment is not mature;and in the theoretical there also has a lot of controversy.The effectiveness of the depth about the untitled property disposal have the impact of the handling of do not have the power to disposal of other people's object.So it is necessary to study and research the details and effectiveness of the untitled property disposal.In this paper,it is base on the dualistic system,and focus on the untitled property disposal.Try to distinguish the effect of the two aspects of the law,as the basic path of writing the article.In several different ways,to discuss the theoretical connotation,effectiveness and related issues.At the same time,combined with China's specific provisions and theoretical research,summed up the existing provisions of the lack of exploration and explore the term of settlement.In addition to the introduction,the article consists of five parts:Chapter one writes about under the dualistic system,a summary about the untitled property disposal.This chapter discusses the tracing of the dualistic system,the theory details about the dualistic system and the basic theory about the untitled property disposal.This paper analyzes the rights of the Roman law,the results of the research and development of the descendants,and the establishment of dualistic system.For the establishment of the legal system of the legal system,Construction and referee rules of the formation of the significance.Finally,this chapter discusses the definition,theoretical composition about the untitled property disposal.Chapter two writes about the untitled property disposal in comparative law.This chapter discusses the content and effectiveness of the law about the untitled property disposal.French provision which is not used the dualistic system in the civil law system,and Germany provision which uses the dualistic system in the civil law system.First of all discusses the content and effectiveness about the untitled property disposal,and then makes a comparative analysis.This part base on the law of France,and Germany,includes the confirmation of the validity of the contract,the matter of confirmation the attribution of the subject,the remedy of buyer's can cite.And these different provisions reveal different characteristics and value orientation.Through the analysis,combine with China's current disposition of the untitled property disposal provisions,in the legal system and legal content on the comparative analysis.Finally,to found the enlightenment of China's legislation,and give an evaluation of foreign legislation experience.Chapter three writes about the untitled property disposal effectiveness from the perspective of the rights of real right from the obligatory right.This chapter discusses the legal validity of obligatory right,the legal validity of real right,and base the theory of the dualistic system talk about the effectiveness of the untitled property disposal.This chapter begins with the distinction between real right and obligatory rights as the point of view.First of all,it discusses the legal validity of real right,three states of the effectiveness of real right and the related issues with the real right.Secondly,it analyzes the effectiveness of the obligatory right,shows the character and feature of the obligatory right,and combines the academic research to summarize the contents and characteristics of each state.Finally,to discusses the theory of juristic act of real right and the related issues with the effectiveness of untitled property disposal.Chapter four writes about the construction of the system with the processing rules of untitled property disposal,and the coordination and application of Bona Fide Acquisition.This chapter still insists on the distinction between real right and obligatory rights as the point of view talk about the rules of untitled property disposal of personal estate,and in some special circumstances the rules of untitled property disposal of real estate.In the meantime,discuss about bona fide acquisition as one of the processing rules of untitled property disposal,includes the background and effectiveness of bona fide acquisition,the original obligee have the rights of remedy and other issues.And introduce the normative argument about how to judge good faith.Then,this chapter chooses the entrusted property possession,property break off possession and the common ownership associated with untitled property disposal.According to the different performance of the content,this chapter combined with the academic research and legal provisions to writing.Finally,the summary of the dualistic system for the resolution of untitled property disposal has the advantages and disadvantages.And on this basis,summed up the dualistic system to solve this problem has the advantages and disadvantages.Chapter five writes about Conclusion.It's refer to the legislative practices and experience of Germany showed that,the practice of distinguishing act of real right and the obligatory right has its advantages.It makes the difference between the contents and effectiveness of the rights more clearly.This kind of practice makes a clear boundary between department laws.Which will helps to form a logical and strict legal system,as well as can help to solve the practical problems.Therefore,when we establishment the rule system of the untitled property disposal,the matter of real right specification,obligatory rights norms and the traditional of civil law system should be reflect.For some reason,China didn't receipt the theory of property act,do not establishing a dualistic system at present.Nevertheless,there have correlation needs in reality;it's also having a practical feasibility.By adoption of the theory of property act,insist the principle of distinction as a basic logic will contribute to complete the rule system of the untitled property disposal.In the rule of juristic act of real right,the theory of property act connect with bona fide acquisition by bring in moral analysis to research.This kind of practices,have an effective function to solve the question of the untitled property disposal are brings.