无权处分合同效力问题研究

Study on the Validity of Unauthorized Disposal of Property through Contract

有关无权处分合同效力问题的争论无论在我国还是其它国家都是普遍存在的,因此给司法实践带来了诸多困扰。根据我国《合同法》第51条的规定,无权处分合同的效力被认为是效力待定的。但是无论从第三人权益的保护、《合同法》与《物权法》的衔接、还是从法律体系的逻辑性及法律实务操作等方面进行探讨,无权处分合同效力都应当被认定为是有效的,我国现行法律理论和实务均应肯定无权处分合同的效力。

There are many controversies over the validity of unauthorized disposal of property through contract in China and other countries, thus bringing many problems to judicial practice. In aecordance with the Article 51 of the Contract Law of P.R.C, the validity of the unauthorized disposal of property through contraet is pending. However, through studying such issues like the protection for the third party＇s rights and the conformity between the Contract Law and the Property Law, and considering the logieality of the legal system as well as the legal practice, the unauthorized disposal of property through contract shall he deemed to he valid both in China＇s legal theory and practice.