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依《合同法》第51条之规定,无权处分合同为效力待定的合同,不被追认则为无效合同;而《买卖合同司法解释》第3条可以推定为无权处分的合同有效。依照字面意思,以上两个条款在法律适用上存在冲突。同时善意取得制度也相对的弥补了《合同法》第51条的不足。本文就关于无权处分合同相关法律的分析,提出完善修法的观点。
According to Article 51 of the Contract Law, a contract which is not entitled to dispose of a contract as an issue of validity shall be regarded as an invalid contract if it is not subject to ratification. Article 3 of the Judicial Interpretation of a Sales Contract, on the other hand, may be presumed to be valid without a contract for disposition. According to the literal meaning, the above two clauses have conflicts in the application of law. At the same time, the system of bona fide acquisition also made up for the deficiency of Article 51 of the Contract Law. This article on the right to dismiss the contract analysis of the law, put forward the idea of improving the law.