现行《物权法》第106条和《合同法》第51条在实践和理论上都存在冲突。要从根本上解决前后立法衔接的矛盾,并在理论上避免逻辑断裂,就必须将无权处分合同认定为有效。应该在肯定我国债权形式主义的物权变动模式基础之上,分析立法缺陷,对合同效力重新认定,促使两法衡接。 The existing “Property Law” Article 106 and “Contract Law” Article 51 in practice and theory there are conflicts. To fundamentally solve the contradiction between the convergence of the former and the latter, and theoretically avoid the logical breakdown, it must be recognized as not having the right to dispose of the contract. On the basis of affirming the mode of property right change of our country’s claims formalism, we should analyze the legislative defects, re-recognize the validity of the contract, and promote the balance between the two laws.