The Validity Of Unauthorized Disposal

Since the drafting of the Contract Law,the discussion on the disposition of power has been a hot topic in the field of civil law.The discussion on this topic,after the enactment of the "Contract Law",has not only weakened,but has embarked on a fierce debate around Article 51.In 2007,the "Property Law" was enacted,and the parties around the issue of unauthorised disposition and goodwill The relationship has set off a new round of discussion;in 2012,with the issuance and implementation of Article 3 of the Interpretation of the Supreme People's Court on the Legal Issues Concerning the Trial of Cases of Disputes over Sale Contracts,the debate on the disposition of power has entered a new climax.The reason why the disposition of power can cause widespread concern and discussion in the academic and practical circles is not only because the rule system involved in the issue is very important in civil law,but also because it is a less important two important areas of property and credit.The major problems are more important because of the important guiding role of the doctrine in the legislative and judicial practice.Therefore,the interpretation of the problem by different theories will not only affect the formulation of the rules of the future civil code on the disposition of power,but more likely the entire civil code.The choice of legislative path for a number of major issues has far-reaching implications;it also has a significant impact on the correct application of the law in judicial practice and the handling of such cases.This paper is divided into three parts.The first part makes a general analysis of the concept of unauthorised disposition and its closely related concepts,and provides the basis for discussion for subsequent analysis.The second part is to explain the related theories about the mode of property rights change and the effectiveness of unauthorised punishment.It is pointed out that according to the legislation of the typical countries of the civil law system,there are three types of property rights change patterns: German property rights formalism,French creditorism,and Spanish credit formalism,and these three major modes of property rights change.Under the introduction,the construction of the unauthorised disposition is introduced.On this basis,the effectiveness theory of unauthorised punishment is evaluated.Firstly,the reasons for the invalidation of the unauthorised disposition and its deficiencies are separately analyzed,and it is pointed out that the invalidation of the unauthorised disposition is inconsistent with the current legal system on the basis of interpretation,and is contrary to the purpose of the contract law to promote the transaction;To be determined,the effect of the creditor's rights is to be determined and the effect of the property rights is to be determined.It is pointed out that although the validity of the creditor's rights is to be said,the relatively large shortcoming is that the party's autonomy is not implemented properly,and the protection of the counterparts is weak.There are conflicts in the legislative objectives of the contract law to promote transactions;while the effect of property rights is to be determined,it is based on the theory of property rights behavior in Germany.Although it can form a strict logic system,it conflicts with the legislative practice in China,and it is in the real rights.There is a problem of weakening in protection.Finally,it is an analysis of the effective theory of unauthorised disposition,pointing out that the jurisprudence of the doctrine has a high degree of conformity with the jurisprudence of China's legislative practice,and at the same time it can better benefit the interests of all parties and the public interest,but in the use of creditorism.In the change of individual property rights,there are problems that are not applicable.The third part analyzes Article 3 of the Interpretation of the Supreme People's Court on the Application of Legal Issues in the Trial of Cases of Disputes over Sale Contracts.By combing the reasons for drafting the article by the Supreme People's Court,it is pointed out that the rule will play a role in trial practice.Good promotion,but in terms of reasoning,the Supreme People's Court adopted the theory of property rights behavior that is inconsistent with the current civil law,and then proposed that the theory of effective disposition should be used as the basis for the interpretation of the article,and in the practice trial,implement Execution;in the case of the case where the creditor's right is changed by the law,the rules for the validity of the credit are applied,,the "Contract Law" Article 51 also play a role.