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Discussing Disposing Act with No Right Again

Zhang Kang-lin

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Abstract

This article will put foreword new viewpoints about the nature and effect of disposing act with no right, on the basis of which analyze its history, value and certain systematic harmony. In detail, this article argues that the nature of disposing act with no right should be juristic act of bearing liability, and its validity is free from the right of disposing, and it has become effective juristic act which has escaped from the uncertain effect of juristic act.On the basis of the effective act of bearing liability, combining it with the changing mode of right in rem in the light of the combining credit with formalism, the effect of right in rem in disposing act with no right will be solved easily. Furthermore, the disposing right and reversals do not affect on validity of juristic act, only on performing contract, Which contributes to withdraw exercising the contradictory and puzzling rules of juristic act to right in rem. As a result, the mode of legislation not only is simple and practical but also makes the system of disposing act with no right harmony with others.

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What this paper is about

This article will put foreword new viewpoints about the nature and effect of disposing act with no right, on the basis of which analyze its history, value and certain systematic harmony. In detail, this article argues that the nature of disposing act with no right should be juristic act of bearing liability, and its validity is free from the right of disposing, and it has become effective juristic act which has escaped from the uncertain effect of juristic act.On the basis of the effective act of bearing liability, combining it with the changing mode of right in rem in the light of the combining credit with formalism, the effect of right in rem in disposing act with no right will be solved easily. Furthermore, the disposing right and reversals do not affect on validity of juristic act, only on performing contract, Which contributes to withdraw exercising the contradictory and puzzling rules of juristic act to right in rem. As a result, the mode of legislation not only is simple and practical but also makes the system of disposing act with no right harmony with others.

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Available abstract

This article will put foreword new viewpoints about the nature and effect of disposing act with no right, on the basis of which analyze its history, value and certain systematic harmony. In detail, this article argues that the nature of disposing act with no right should be juristic act of bearing liability, and its validity is free from the right of disposing, and it has become effective juristic act which has escaped from the uncertain effect of juristic act.On the basis of the effective act of bearing liability, combining it with the changing mode of right in rem in the light of the combining credit with formalism, the effect of right in rem in disposing act with no right will be solved easily. Furthermore, the disposing right and reversals do not affect on validity of juristic act, only on performing contract, Which contributes to withdraw exercising the contradictory and puzzling rules of juristic act to right in rem. As a result, the mode of legislation not only is simple and practical but also makes the system of disposing act with no right harmony with others.

Key concepts: Viewpoints, Harmony (color), Law and economics, Legislation, Liability, Law, Business, Political science

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