Study On The Validity Of The Unauthorized Disposition Sales Contract

In judicial practice,we often encounter cases which caused by untitled persons sold others or common properties. How to identification the effect of these contracts, there are controversial views in academia. The Supreme People's court opinions change several times, district court in our country also make different cognizances.The applicable law of the instability is not conducive to the stability of the market economic order, but also seriously affected the public credibility of the judiciary. Therefore, we should take in-depth research on the validity of the unauthorized disposition sales contracts, analysis the effectiveness of various conditions, compare the advantages and disadvantage, summarized the proper methods that can be taken in current and future for the courts. That will has important value in practice and theoretical.In this paper, the author analysis the basic concept of the disposition at first,briefly introduces three main academic views on the identification of the unauthorized disposition in sales contracts, the legislation in some major countries of the world, focusing on the Supreme People's Court on the validity of contract of unauthorized disposition cognitive changes, and the latest judicial precedents, It is pointed out that identified the unauthorized disposition sales contracts as valid contracts is the world trend of legislation, and also has been adopted by more and more judicial precedents.It can be presumed by interests measured that identified the unauthorized disposition contracts to be valid contracts will give full protection for different parties' rights, and good for promotion of transaction safety. Finally, the author believes that is the tendency of the contract legislation to consider the unauthorized disposition sales contracts as valid. Before the new law promulgated and carried out, we should take the unauthorized disposition sales contracts as valid contracts, balance the interests of relevant parties, especially protect buyers' interests who are in good faith.