无权处分合同效力探析——以合同有偿与否为切入点

An analysis of the effectiveness of the contract without right——Take the contract as a starting point or not

明确无权处分合同效力,构建科学合理的无权处分制度,是我国民法体系构建中亟须解决的问题。在该问题上,我国存在着立法相冲突、司法不统一的法律困境。从比较法的角度加以审视,大陆法系各国立法多未设立统一无权处分制度,有偿合同与无偿合同的效力认定模式存在明显差别。建议我国将无权处分合同明确区分为有偿和无偿两种类型,并进一步规定无权且有偿合同有效而无权且无偿合同无效。

It is an urgent problem to be solved in the construction of my country’s civil law system to clarify the effectiveness of unauthorized disposal contracts and construct a scientific and reasonable unauthorized disposal system.On this issue,our country has a practical dilemma of conflicting legislation and inconsistent justice.Looking at it from the perspective of comparative law,most of the countries in the civil law system have not established a unified system of unauthorized sanctions,and there is a clear difference between the validity model of paid contracts and unpaid contracts.It is recommended that my country clearly distinguish unpaid disposal contracts into paid and unpaid types,and further stipulate that unauthorized and paid contracts are valid but unauthorized and unpaid contracts are invalid.