Civil and Commercial Law Theoretical Controversial Issues: Unauthorized disposition: Unauthorized disposition

Author: Wang Liming
Publisher:
Publish Date: 2003-04-01
Features: To bring together students passionate about civil law research to jointly study major and difficult issues in civil law, refine knowledge, and stimulate thinking, several PhD and master's students from the Law School of Renmin University of China organized a regular civil law academic forum. I think this is an excellent idea. First, organizing a civil law academic forum is beneficial for further flourishing and revitalizing the academic atmosphere, promoting in-depth research and reflection on civil law theory, and genuinely providing constructive suggestions for national legislation, contributing to the development of China's rule of law. Academia is a common good, and academic research requires communication of information, collision of ideas, and academic criticism. Only in this way can we achieve deeper understanding of issues and clearer truth, ultimately realizing the prosperity and flourishing of academia. The ancient philosopher Confucius once said, "Learning without friends is isolated and limited." Through holding a regular civil law academic forum, it can not only flourish academia, strengthen academic exchange, and foster intellectual collisions, but also increase understanding and friendship among teachers and students from various law schools, and even produce results and discover talents through academic discussions. At the invitation of the organizers, I was very honored to serve as the topic proposer for the th discussion session. The topic I proposed was "Research on Several Issues of Unauthorized Transfer of Property." "Unauthorized Transfer of Property" is a very complex and important issue in civil law because it involves many fundamental theories and important systems of civil law, such as the mode of property transfer, declaration of intent, breach of contract duty, good faith acquisition, warranty of defects, unjust enrichment, torts, and unpaid guardianship, which haveed academia for decades. The renowned civil law scholar Wang Zeyjian from Taiwan called it the "spirit of civil law," which can be said to accurately summarize the importance of the issue of unauthorized transfer of property in civil law. Before the promulgation of the "Contract Law of the People's Republic of China" (hereinafter referred to as the "Contract Law"), very few Chinese scholars studied the issue of unauthorized transfer of property. After the promulgation of the "Contract Law," Article 51 stipulated the validity of contracts on unauthorized transfer of property, and thus, the interpretation of this clause in Chinese academia has been controversial and divided, with no consensus. Many scholars have since published their views on the understanding of Article 51 of the "Contract Law," and I have also written an article expressing some opinions, but the issue remains unresolved. Therefore, I decided to make unauthorized transfer of property the topic of the th civil law academic forum, hoping that many civil law scholars can share their views to further research on this issue. On June 9, 2001, the th civil law academic forum was successfully held at the Law School of Renmin University of China. Professor Long Yifei and Professor Yang Lixin from our school attended the discussion session, and Professor Fang Shaokun from Yantai University Law School, Dr. Zhang Gu and Dr. Wang Yi from Peking University, as well as Dr. Yao Huanqing and Dr. Mei Xiaying from our school, served as commentators. At the discussion session, participants spoke enthusiastically and engaged in in-depth discussions, with many outstanding viewpoints. A total of more than 40 excellent papers were submitted by students from Renmin University of China, the Chinese Academy of Social Sciences, China University of Political Science and Law, Peking University, and Tsinghua University. From the research methods and theoretical depth of these papers, it can be seen that the authors have engaged in deep thinking and devoted considerable effort, with some papers proposing valuable and innovative insights. Here, I extend my sincere respect to the organizers and all the teachers and students who participated in the th civil law academic forum discussion. I believe that the spirit of striving for the development of Chinese civil law will bear fruit in the future! After the event, the organizers selected some outstanding papers and compiled them along with relevant published articles in China into a collection published by Renmin University of China Press. Undoubtedly, such a collection, where multiple scholars jointly study a major civil law issue, will be beneficial to the in-depth development of Chinese civil law theory. I think that if every seminar can produce such a work and continue to do so, we can publish numerous works on major and difficult issues in civil law. This will not only be a significant contribution to Chinese civil law but also showcase the talent and efforts of the younger generation of civil law scholars to the world! It is particularly noteworthy that during the compilation process of the collection, the renowned civil law scholar Liang Huixing generously authorized the inclusion of his major work "Property Transfer and Unauthorized Transfer of Property" in the collection, for which I express my heartfelt gratitude! I also extend my thanks to other scholars who authorized the inclusion of their articles in the collection! The PhD student Cheng Xiao from the Law School of Renmin University of China and the editors Gu Yanhong and Li Wenbin from Renmin University of China Press worked very hard for the publication of the collection, and I also pay my respects to them! "A scholar must be magnanimous and resolute, for the burden is heavy and the journey is long." I hope the civil law academic forum can continue to be held, and even more so, I hope that all students can make their due contributions to the prosperity and development of China's civil law cause!"