论无权处分的效力

On the effect of the unauthorized disposition

《中华人民共和国合同法》第51条规定:无处分权的人处分他人财产,经权利人追认或者无处分权的人订立合同后取得处分权的,该合同有效。事实上,无权处分的效力是一种特殊的待定状态,即在权利人追认和无权处分人取得处分权两种状态下当然发生权利变动;在权利人不予追认和无权处分人不能取得处分权两种状态下,不发生物权变动的结果,无权处分人要承担缔约过失责任;但存在一种例外,即在第三人善意的情况下取得所有权;在处分行为被追认或者权利被补正前,权利变动的结果和合同的效力都是待定的状态,不能断定是否确定有效。

Article 51 of Contract Law of the People＇s Republic of China says：Where a piece of property belonging to another person was disposed of by a person without the power to do so,such contract is nevertheless valid once the person with the power to its disposal has ratified the contract,or if the person lacking the power to dispose of it when the contract was concluded has subsequently acquired such power.Actually,the effect of unauthorized disposal is a special status to be determined.When the person with the power ratifies the contract or the person lacking the power acquires the power,the ownership of the property transfers.If the person with the power doesn＇t ratify the contract or the person lacking the power doesn＇t obtain the power,the ownership of the property doesn＇t transfer and the person lacking the power takes fault liability.But there is an exception that another person obtains the ownership innocently.So the effect of the contract is to be determined before the disposal is ratified or the power is given.