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处分作为所有权的一项重要权能,是民法上的一项基本概念,其在不同的法律视野之下有着不同的含义。学界一般将其分为广义的处分与狭义的处分。因无权处分而订立的合同的效力规定在我国《合同法》第五十一条和《最高人民法院关于适用买卖合同纠纷案件适用法律若干问题的解释》第三条。因无权处分订立的合同的效力与因无权处分订立的合同中物权的变动存在着密切的联系。本文旨在通过对《合同法》五十一条与《物权法》第十五条的比较研究,探求因无权处分订立的合同的效力与因无权处分订立的合同的物权变动的关系。
Disposal, as an important power of ownership, is a basic concept in civil law that has different meanings under different legal perspectives. The academic community generally divides it into generalized punishment and narrowed punishment. Article 3 of the Contract Law of the People’s Republic of China and Article 3 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Application of Dispute over the Sale and Purchase Agreement. There is a close relationship between the effect of the contract without the right to dispose of and the change of the real right in the contract entered into because of the disqualification. The purpose of this paper is to explore the relationship between the effectiveness of the contract concluded by the non-punitive action and the change of the real right of the contract which is not punishable to be dismissed through the comparative study of Article 51 of the Contract Law and Article 15 of the Real Right Law.