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《最高人民法院关于审理买卖合同纠纷案件若干问题的解释》的出台掀起了一股讨论无权处分合同效力的小浪潮,本文试图通过法经济学方法分析该解释第三条之规定是符合经济学原理的,将无权处分的买卖合同效力认定为有效是具有经济学意义的,它符合我国经济转型期市场交易的特点,有利于促进经济社会的运营效率。文章首先结合无权处分制度原理分析了本解释第三条之规定的合同效力问题。其次,运用法经济学之方法验证如此规定是符合当下我国经济发展现状的。最后,总结将无权处分的买卖合同认定为有效对经济市场运营的重大意义。
The promulgation of the “Supreme People’s Court’s Interpretation on Several Issues Concerning the Trial of Dispute over the Sale and Purchase Contract” set off a small wave of discussions on the effectiveness of the contract without the right to dispose of it. This article attempts to analyze the provisions of Article 3 of the interpretation by means of the method of law and economics in conformity with the principles of economics Principle, it is economically significant that the validity of the contract of sale and purchase, which is not punishable by disposition, is valid. It is in line with the characteristics of market transactions in the period of economic restructuring in our country and is conducive to promoting the operational efficiency of the economy and society. The article first analyzes the validity of the contract stipulated in Article 3 of this Interpretation by combining the principle of non-punitive system. Second, the use of the method of law and economics to verify such a provision is in line with the current economic development in our country. Finally, it concludes that the sale and purchase contract which is not entitled to be sanctioned is of great significance to the operation of economic market.