The Civil Code (Draft) Deletes the “Disposal Without Right” Clause in the Theoretical Basis of the Contract Law

The so-called disposal without right act refers to situations where a person does not enjoy the civil rights of the nature of disposition but nevertheless exercises the right of disposition. An example is the act of the delivery of chattels. Disposal without right is a very complicated system in civil law because after the disposing person completes the disposition without right, whether the owner of the subject matter can recover the subject matter and its ownership is subject to many legal conditions, for example, restrictions on third-party acquisition in good faith, etc. Moreover, the unauthorized disposal of real estate depends on various circumstances, such as real estate registration and the actual possession of real estate. Therefore, disposition without right is a system found within the law of property rights, but it is not found in the law of creditor’s rights. Moreover, disposition without right is not completely invalid; it has been established in civil law.