Study On The Effectiveness Of A Contract Without The Right To Dispose Of It

The importance of the issue of unauthorized disposal lies in that it involves contract law and property law,which is crucial to the protection of the interests of the owner and the security of the transaction.How the validity of the contract without the right to dispose has a far impact on the interests of the actor.Although the validity of the contract is a simple evaluation of the law,it has a huge impact on the balance of interests between the parties and the overall development of the society.The reason why we have no right to study the effectiveness of disposal contracts is that there is no consensus on the theory,there are different opinions on the determination of effectiveness,and there are different provisions on the legislative level.In accordance with the provisions of article 51 of the contract law,it is deemed that the contract shall be deemed as a contract with pending validity.In 2012 the supreme people’s court on the trial of the business contract dispute case applicable law problem of "(hereinafter referred to as the explanation)think,business contract is not invalid due to have no right to dispose of,indirect decided that this kind of contract,based on different legislative provisions,shall not be entitled to dispose of the contract effectiveness problem did not get the real solution,is still in a state of ambiguity,In judicial practice,different legal basis can be adopted based on different interests to produce different results of the same case.Study has no right to dispose of the contract effectiveness,this article is based on the attitude of the for this study has no right to dispose of the basic concept,determine the right to dispose of the basic connotation,on the basis of the analysis of the right to dispose of the different effect of rationality,based on the most basic purpose of contract law and the inherent requirement of social development,to protect the fundamental justice Angle choose more superior efficacy,At the same time study and the relationship between the system of good faith and has no right to dispose of the effectiveness of the contract to others,the deep research in good qualitative and has no right to dispose of the relationship between the contract effectiveness,based on commenting on whether there is contradiction between,for sure,and analysis of the third person’s subjective state of the right to dispose of the effectiveness of the contract,finally to determine the specific effect has no right to dispose of the contract,for the current legislation and judicial practice in our country,put forward the measures to solve the problem from different aspects.