A Research Of The No-right Disposition And The Relevant Problems

To explain from the word meaning of the stipulation of the 51 st article of the "contract law", it should be understood that the effect of the creditor's rights contract, such as buying and selling, is undetermined but not the effect of the real right behavior is uncertain. But if only to satisfy the word meaning explanation, it is not appropriate, it does not conform to our country's legislative policies, nor is it a natural logic choice. From the legislative theory, the 51 st article of the " contract law " conflicts with our country's real right change mode and good faith obtain system that have been established, so it is unfavorable to the protection of third party's interests, the safe and convenient demand, and it does harm to the modern economic life. The validity of no-right treatment contract should not be affected by the agreement of the person who has the right and the right obtained by no-right party later. The principles of distinguish the changing of the reason behavior between that of result behavior of the real right have been accepted by the theories of our country. To regard this as the foundation of setting forth one's views, I advocate the contract signed by no-right party should be valid. When the seller does not have the disposition right, the effect of real right change is uncertain. Meanwhile, in view of the fact that moveable property real right changes, the contract in which the dealer has no right to dispose involve tripartite interests balance among the right party, seller and buyer. And the contract has close relation to good-faith obtain system. So I just have carried on some discussions to these relevant problems.