The Effect Of The Contract Of Unauthorized Disposition

Unauthorized disposition is considered as "one of core of cicil law" by legal circles in Taiwan,which puzzled legal circles of Taiwan for five years.Through being corrected by Mr Wang Zejian,the issue was eventually solved.Unauthorized disposition still trouble China’s civil law academic,the core of which is unauthorized disposition contract.Unauthorized disposition contract is prescribed in Article51of the Contract Law and article3of the contract for the sale of judicial interpretation. The validity of unauthorized disposition contract is in debate。In order to solve this problem as soon as possible, the article firstly define related concepts of Unauthorized disposition, which is a theoretical support of solving the problem。 After defining the related concepts, the article introduce the validity of unauthorized disposition contract in different diversified Changing Models of Real Right by means of comparative law analysis。Admitting the theory of Changing Model of Real Rights is the key factors of solving the problem.From comparative law analysis, we may learn experience.And then return to the perspective of domestic, the article makes some comments on some ways the scholars have designed to solve the problem. Based that, we can come to a conclusion that we should introduce the theory of Real Right Behavior with causative nature into China.The theory adopt Real Right Behavior, abandon the non-causative nature and hold the belief that the unauthorized disposition contrac is valid.Meanwhile,the theory has many advantages and feasibility in our country.