利益平衡视角下无权处分行为效力探析

Unauthorized Disposal:Distinguishing Validity or Invalidity of the Contract

无权处分行为是指处分人在没有处分权的情况下,以自己的名义对标的物实施处分行为,其涉及权利人与无权处分人、权利人与第三人、无权处分人与第三人间的法律关系。当无权处分行为被追认后,在探讨权利人与第三人间的关系时,必须先明确权利人与无权处分人间的关系问题,通过隐名代理制度的适用,可以较好地维护第三人的权益。当无权处分行为未被追认时,债权合同的效力等同于无权处分行为的效力。此时,合同相对人善意,无权处分合同有效;合同相对人恶意,无权处分合同无效。

Unauthorized disposal refers to the fact that a disposer disposes of an object in his own name without authorization. It involves three legal relations ： the one between the owner of the object and the unauthorized disposer, the one between the owner of the object and a third party, the one between the unauthorized disposer and the third party. If the unauthorized disposal is ratified by the owner ex post facto,it is a good choice to rely on the legal device of the hidden-name agent to well coordinate the afore-mentioned three relations and then protect the legitimate interests of the third party. If it is not ratified by the owner ex post facto,the validity of the unauthorized disposal is equal to that of a contract. In the case,the unauthorized disposal is valid if the third party is bona fide and it is invalid if the third party is malicious.