论文部分内容阅读
为保护无权处分中善意第三人利益以维护交易安全,我国《物权法》规定善意取得制度,但由于我国现行《合同法》中对无权处分合同效力的规定,使得善意取得制度并不能完全发挥其应有的作用。本文通过案例分析与思考的方式,认为在现行债权形式模式下,要实现交易安全与保护所有权人利益两者之间的平衡,应对无权处分合同效力与物权变动进行进一步的区分。
In order to protect the interests of the goodwill third parties that are not entitled to dispose of in order to safeguard the transaction security, the Property Law of our country stipulates the system of goodwill acquisition. However, due to the stipulation in our current Contract Law that the validity of the contract does not have the right to be dismissed, Play its due role. Through case analysis and thinking, this paper argues that under the current mode of debt, the balance between transaction security and the protection of the ownership of the owner should be further distinguished between the validity of the contract without right and the change of real right.