无权处分合同的效力与善意取得

The Effect of Contracts of Unauthorized Handling and Well-meaning Obtaining

无权处分合同的效力与法律行为、物权变动模式等制度密切联系,特别是善意取得对无权处分合同的效力 影响至巨。本文重点论述善意取得与无权处分合同效力的关系以及和如何建构方能达到法律逻辑与公平的统一。

The effect of contracts of unauthorized handling is closely connected with such systems as legal behaviour, the models of real right alteration, etc. Especially the well-meaning obtaining has a great effect on the effect of contracts of unauthorized handling. The emphasis of the paper will be put on discussing the relationship between well-meaning obtaining and the effect of contracts of unauthorized handling and how they can be constructed to integrate legal logic and justice.