Research On The Issue Of Disposal Rights In Real Estate Transactions

As the antithesis of legitimate disposition,the defects of the right to dispose is an important risk inherent in the real estate transactions.This paper discusses the flaws inherent logic disposition theory and the practical significance of the presence of the theoretical and practical aspects.Compared to the current unauthorized disposition system,the article is based on a higher dimension,trying to build a more complete and more ambitious alternative to play to maintain the security of transactions and promote the effectiveness of the transaction system.The article is divided into four parts.The first part leads to the concept of the defect of the right of disposition.It defines the phrase of the connotation and extension,by comparing the unauthorized disposition,for they have same properties actually.It provides us good reason for drawing the phrase into the theory,through the concept of unauthorized disposition been alienated and narrowed.In this paper,the defect of right of disposition is divided into three types:unauthorized disposition,sanction prohibition and restriction,and on the basis of which,a new system is constructed.The second part discusses the harm of defects and correction methods.The principle of good faith and the principle of encouraging trade can play a role in regulating the trading behavior,which can help to control the risk of the transaction.This article introduces the foreign experience of protecting the security of real estate transactions,and builds the basic rules framework to deal with the defects of the right to dispose of the punishment.In the third part,the paper focuses on some practical issues related to the defects of the disposition right in the real estate transaction,and selects six special topics.The fourth part mainly discusses the legislative defects and improvement ideas.Starting with the drawbacks of the existing legislation and the value of the theory,this paper focuses on the design defects of the existing legislation on unauthorized disposal system,and finally puts forward some concrete suggestions on the improvement of relevant legislation.