The Effect Of The Contract Of Unauthorized Disposition

Because the question of the effect of unauthorized disposition is very complicate. It is relate with many important legal systems. So it is pay close attention to scholars. There are different academic theories on the efficiency of unauthorized disposition in our country at present. Contract Law is promulgated, but the question is not solved, the viewpoint of this question is still different. Property Law of the People's Republic of China is promulgated, it will product effect to study this question. In conclusion, this question is very important and has very important value to be studied. Some scholars think that this question is the cream of law mind-set. This article will study this question from the legal systems at present in our country, it will judge the effect of unauthorized disposition. The article will try to protect benefits which are owned by people who are related to this question. In addition, the civil legal system will be more coordinated.This text is divided into four parts altogether. The first part analyses the connotation of unauthorized disposition. In this part, firstly, it will expound connotation of unauthorized disposition in the different mode of real right changing. There are connotation of unauthorized disposition in the mode of real rights pattern and connotation of unauthorized disposition in the mode of creditor's rights pattern. Besides, the author will illuminate the different between the connotation of unauthorized disposition with the unauthorized agency and the connotation of unauthorized disposition with the bona fide gains. Finally, the author will expound connotation of unauthorized disposition in our country.The second part analyses different issues in the field of the effect of the contract of unauthorized disposition. There are four academic theories on the efficiency of unauthorized disposition in our country at present: the theory of validity, the theory of invalidity, the theory of validity to be decided, and the theory of the bona fide gains to be correct.The third part analyses the effect of the contract of unauthorized disposition. Firstly, the author will analysis the legal relations which are contained in the unauthorized disposition. There are there relations which are the legal relations between right owner with disposer without right, between disposer without right with cessionary and between with right owner and cessionary. The author tries to analysis these there legal relations lead to judge the effect of the contract of unauthorized disposition. Then the article will judge the effect of the contract of unauthorized disposition. To basis on the analysis with legal relations, the author thinks that the contract of unauthorized disposition belongs to the legal relation of creditor's rights, so if we can basis on this condition ,the question to judge the effect of the contract of unauthorized disposition will come to very simply. The relativity principle of the contract is an important principle of contract law, this principle is very important to judge the effect of the contract of unauthorized disposition. The contract will be judged to be effective if the contract has the four legal conditions. To judge the contract is effective has many benefits. Firstly, it can protect business and develop market; secondly, it can protect the interested parties in appropriate way; finally, it will promote the coordination of contract system.The fourth part exposes the author's suggestion about how to revise the article 51 of the Contract Low. There are there shortcomings about this article. Firstly, it cannot protect relative people in trade in reasonable way; secondly there is contradiction between the article with the system of the bona fide gains; thirdly, there is contradiction between the article with the basis sprit of contract law. So it is necessary to revise this article. The theory of juristic act of real right is not approved in our country, so this theory cannot be used as implement. But the theory of legal relation can be used as implement, and this implement is very important and useable. The author thinks that it is reasonable that the legal relation of real rights should be regulated in Real Right law and the legal relation of creditor's rights should be regulated in Contract Law. The contract of unauthorized disposition is a find of Sale Contract, It should be regulated in Contract Law, so the contract will be judged to be effective if the contract has the four legal conditions.