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无权处分是民法上最为复杂繁琐的问题之一,各国法律规定内容不同。理论界为此争议很大。无权处分涉及民法多种制度问题,尤其是与合同法关系最密切。而关于无权处分下的合同效力问题有很多学说。包括无效说、效力待定说、完全有效说。其中,目前司法实践采用效力待定说。但还不全面,建议民事立法中有关规定增加有效说的内容,以期达到立法完善。
The right to dispose of is one of the most complicated and cumbersome problems in civil law, and the content of the law is different in different countries. Theorists have disputed this. No right to dispose of a variety of systems related to civil law issues, especially the most relevant contract law. There are many theories on the effectiveness of contracts under the powerless sanctions. Including invalid said, the effectiveness of to be determined, said completely effective. Among them, the current judicial practice to be effective. However, it is not yet comprehensive, suggesting that the relevant provisions of civil legislation to increase the effective content, with a view to achieving legislative perfection.