Unauthorized Disposition

Abstract: The theory of Unauthorized Disposition is related with the mode of real right changing. Under the theory of juristic act of real right, the credit contract is valid as well as the one of real right is pending valid. When the background is the theory of juristic mind of credit, the Unauthorized Disposition contract is invalid. Under the theory of obligiation formalism, the Unauthorized Disposition contract is valid and the validity of the act of punishment is pending.Contract for debts without unauthorized disposition right was regarded as invalid in our legislation and judicial practice before the promulgation of uniform law of contract, but then it was regulated as a pending valid contract by the article 51 of the law of contract. This paper discusses that these regulations are unreasonable and imperfect when viewed from both the value judgment and legal system. So it's necessary to make the contract of unauthorized disposition valid under the theory of juristic act of debts , at the same time the act of punishment is pending valid.When the contract is valid , three method can be used:First, the obligee's ratification can validate the disposition behavior; Another, the bona fide gains can make the purchaser get the real right. While, the obligee can get the remedy by obligation of torts or illegal profits;The third, the seller without disposition will be liable for the purchaser when the second cannot get the real right.