A Study On The Effectiveness Of A Contract For The Sale Of Another Person's Property

The contract for the sale of others was called "the elf of civil law" by the famous jurist Zejian Wang of Taiwan,and how to stipulate the effectiveness of the contract for the sale of goods of others has long plagued the theoretical and practical circles of civil law.The contract for the sale of others is the most representative and unauthorised disposition,and has different rules for its effectiveness under different modes of property change.With the rapid development of China's economy,the emergence of a large number of trading activities has spurred relevant legal research.China mainly has theories of "invalid contract theory","contract effectiveness is to be determined" and "contract effective theory".On the basis of clarifying the relationship between the contract of selling and the disposition of other people's property,the author uses the research method of comparative law to introduce the relevant provisions of the representative countries in different modes of property rights change to sell contracts of other people's goods,and evaluate the advantages.And the drawbacks,to provide theoretical help and advanced experience for the issue of the effectiveness of the contract for the sale of others in China.After that,the author's research perspective returned to China,and sorted out the legal provisions of China's sales contract for selling other people's goods.After focusing on the main viewpoints of the academic circles,analyzing the respective advantages of different theories and the difficulties they face,they find that they recognize the principle of the independence of property rights in the theory of property rights,but do not recognize the principle of non-property of property rights and will sell others.Under this premise,the contract for the sale of goods has many advantages: it is logically rigorous,conforms to the law,and can take into account the “static security” and “dynamic security” of protecting economic activities,and does not conflict with our civil law system.Therefore,the conclusion of this paper is drawn: recognition of the cause of property rights behavior,it is feasible to make the contract of selling other people's goods effective under the mode of property rights change of property rights.