浅论无权处分行为与不当得利制度问题

A Humble Opinion on the Legal System to Unauthorized Conduct and Unjust Enrichment

作为“法学上的精灵”的无权处分行为,自从《合同法》颁布以来倍受学者们争议。无权处分行为可以划分为三种基本形态,即有偿的无权处分行为、无偿的无权处分行为和无法律上原因的无权处分行为,在当今市场经济条件下,正确认识无权处分和不当得利制度两者关系,可以为有效的保护权利人和善意第三人的合法权益提供重要依据。

As legal spirit,unauthorized conduct has been controverted by scholars since contract law being decreed.Unauthorized conduct can be divided into three basic patterns that are act with considera-tion,act without consideration and act without power.It provides an important basis to understand the re-lation ship between unauthorized conduct and unjust enrichment,that can protect the lawful interests of the oblige and the third party acting in good faith.