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《买卖合同解释》第3条将擅自出卖他人之物的合同规定为有效,此处的有效应限定在买卖合同的范畴,而不能得出无权处分的合同一律为有效的结论。在条文关系的理解上宜将此条文视为《合同法》第51条的特别规定。规定合同为有效可以为善意第三人取得物权后因对方的不当履行而主张合同救济提供请求权基础,而合同的有效也应当以相对人善意为前提。
Article 3 of the Interpretation of Sales and Purchase Contract makes the contract provisions for the unauthorized betrayal of others as valid. The effective effect here is limited to the scope of the contract of sale, and can not conclude that a contract not entitled to be punished shall be a valid conclusion. This provision should be viewed as a special provision of Article 51 of the Contract Law in the context of the understanding of the clauses. It is preconditioned that the contract should be valid on the basis of the goodwill of the relative, provided that the contract can be validly obtained after obtaining the real right of the goodwill third party due to the improper performance of the other party.