You can find it on China Wang Zhi.

Unauthorized disposition contract and its legal effect

The subtitle is based on Article 5 1 of the Contract Law.

Research on Clause 5 1 of Contract Law

The author's Chinese name is Shang;

Tutor Cui Jianyuan;

Degree awarding unit Tsinghua University;

Subject law and professional name

Degree in 2007

Master thesis level

Online publishing contributor Tsinghua University; Shang Xu Mei

Submission time for online publishing: July 2008-18

Keywords have no right of disposal; Have no right to dispose of the validity of the contract; Obtained in good faith; Unjust gain;

Unattended disposal; Have no right to dispose of the validity of the contract; Real benefits; Illegal profit;

Article 5 1 of People's Republic of China (PRC) Contract Law stipulates: "If a person who has no right to dispose of other people's property obtains the right to dispose of it after ratification by the obligee or the person who has no right to dispose of it enters into a contract, the contract is valid." Many scholars have questioned and reflected on the relevant provisions of the contract law. This article will take Article 5 1 of the Contract Law as the object and be divided into four parts. The first and second parts: define the concepts of unauthorized disposition and unauthorized disposition contract accurately, so as to make the object of discussion & unauthorized disposition contract concrete and clear. The third part discusses the validity of unauthorized disposition contract. Follow the order of preliminary argument-empirical analysis-negative argument-conclusion. In the preliminary demonstration stage, the effects of unauthorized disposition contracts under the real right behavior mode and the non-real right behavior mode are discussed respectively, and the effects of unauthorized disposition contracts under the real right behavior mode and the non-real right behavior mode are comprehensively compared by using the comparison method. The empirical analysis part mainly discusses the legal background and relevant regulations in China. The second part of the negative theory refutes the invalid theory, effective theory and effective theory of unauthorized disposition contract respectively, thus demonstrating the argument that unauthorized disposition contract should be effective (general theory) from the opposite side. The author thinks that the concept and effect of unauthorized disposition in China's law should be understood in the context of China's legal system and the mode of real right change. This is helpful to the application of China laws, and its shortcomings should be eliminated through interpretation. On this basis, this paper draws the conclusion that China has no right to dispose of it. ...

Although the provisions of Article 5 1 of the Contract Law have stimulated the emergence of unattended disposition contracts, the debate has never stopped in both academic circles and legal practice. In particular, many scholars question the correctness of this provision. This paper takes clause 5 1st as the research object, and demonstrates the author's point of view step by step in three parts. The first part and the second part: define unauthorized disposition behavior and unauthorized disposition contract, so as to clearly define them. ...

China HowNet: CDMD:2008 February 2008

Literature Tutor: Cui Jianyuan Tutor Unit: Tsinghua University Degree Awarding Unit: Tsinghua University.

Wu Min. Research on Legal Judgment of Personal Consumption Loan Guarantee Insurance Contract [D]. Tsinghua University, 2007

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