Disposition without authority refers to the legal disposition of another person's property carried out in his own name by the actor without the right to dispose of it.
Netizen consultation:
How to determine the validity of the house sale contract when the seller has no right to dispose of it?
Lawyer answers:
The fact that the parties do not have the right to dispose does not affect the validity of the contract.
A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties. If the seller does not have the right to dispose of the property, the contract for the sale and purchase of the house shall not be invalid because the seller has not obtained the right of disposition. If the ownership of the house cannot be transferred because the seller has not obtained the right of disposition, the buyer may terminate the contract and request the seller to bear the liability for breach of contract. Therefore, when the contract is valid, the rights of the counterparty of the contract can be more effectively protected, and at the same time, the strict liability for breach of contract on the person without the right to dispose of it also plays a role in punishing the person without the right to dispose of the party without the right to dispose of it, increasing the risk cost of the act of disposing without the right to dispose of it, and effectively ensuring the security of the transaction.
Lawyer adds:
There are two main situations of disposition without authority:
1.No Ownership. There is an obvious defect in rights when something is the subject matter of the contract but there is no ownership, such as selling someone else's property or leasing it out to someone else's property.
2.The right of disposition is restricted. That is, the act of disposition carried out under the condition that there is ownership but the ownership is restricted, such as the disposition of the joint property of the husband and wife by one spouse without the consent or retrospective recognition of the other party, and the transfer of the joint estate by the heirs without the consent of the other heirs.
Legal basis] Civil Code of the People's Republic of China
Article 502:A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.
Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.
Article 597:If the ownership of the subject matter cannot be transferred because the seller has not obtained the right to dispose of it, the buyer may terminate the contract and request the seller to bear the liability for breach of contract.
Where laws or administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions.
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