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无权处分情形在民事活动中极为普遍,由于涉及的法律关系极为复杂,不仅关系到无权处分行为本身和无权处分合同的效力,也关乎着权利人财产权的保护及物权变动的法律后果如何等问题,因此无权处分成为了民法理论研究和实务领域都无法回避的一个重要议题,甚至有学者称其“可谓是法学上之精灵”。本文以我国现行法律为基本框架,结合审判实务,对无权处分及其法律后果进行研究。
The situation of the right to dispose of is extremely common in civil activities. Because of the extremely complicated legal relationship involved, it is not only related to the effectiveness of the act of not having the right to be punished and the contract of no right to dispose, but also to the protection of the property right of the obligee and the legal consequence of the change of the real right How to wait for a problem, so no right to dispose has become the civil law theory and practice are unavoidable in the field of an important issue, and even some scholars call it “can be described as juridical”. Based on the current law of our country as the basic framework and the trial practice, this article studies the non-punishable powers and their legal consequences.