无权处分问题再探

无权处分制度在我国颇受争议,学者之间的讨论十分热烈,关注的焦点主要在无权处分合同的效力上。本文在界定无权处分行为中基本概念的基础上力求对关于合同效力的三种学说作出正确评价,认为效力未定说是目前最接近立法的解释,并对其有关漏洞作出补充解释,得出结论：无权处分的合同效力未定,但是不能对抗善意第三人。如此,无权处分制度才能在物权与债权制度体系下自由的生存,与善意取得制度、权利瑕疵担保制度等和谐的共处。

On Unauthorized Disposition

The system of the conduct of unauthorized disposition is in dispute in China at present.There are heated discussions on it among scholars,of which the focus is effect of contracts of unauthorized disposition.On the basis of definite defining the basic conceptions in the conduct of unauthorized disposition,the article tries to present correct evaluation of the three different theories on the effect of contracts of unauthorized disposition.It gives an additional explanation of legal loophole of the theory of uncertain validity which is closest to legislation.The conclusion that the effect of contracts of unauthorized disposition is uncertain but not against bona fide third party is arrived at finally.Therefore,the system of the conduct of unauthorized disposition can exist freely in institutional system of property rights and credit rights and get well along with bona fide acquisition,warranty against right defect,etc.