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无权处分效力问题是一个长期困扰法学界的重要问题。因其涉及物权行为、债权行为等概念的区别及效力,理论上一直存在纷争。同时,由于中国物权法立法上的不完善以及相关理论研究的不成熟,导致这一重大理论问题久悬未决。因此,通过剖析、探讨无权处分行为的基础理论,比较、借鉴国外的立法例和理论学说,来研究无权处分行为的效力,对我国物权法的制定乃至民法理论的完善具有重要的意义。
The lack of power to dispose of the issue of validity is an important issue that has long plagued the legal profession. Because of the difference and effect between the concept of property rights and the behavior of creditor’s rights, there has always been a dispute in theory. At the same time, due to the imperfect legislation in China’s Property Law and the immature research in related theories, this major theoretical issue has been unresolved. Therefore, it is of great significance to study the validity of the non-punitive act by analyzing and discussing the basic theories of the disposition without right and comparing the legislative cases and theoretical theories in foreign countries with reference to the formulation of the law of real right and the improvement of civil law theory.