论无权处分与善意取得的冲突与协调

摘要

It is conflict on the unauthorized disposition between Contract Law and Acquisition in good faith in China, because the effect is not certain in Contract Law but it makes the transferee with well-meaning gain the ownership in Property law. The reason is that there was no specific analysis of the legal systems for different counties, so it should be effective.%《合同法》中规定无权处分效力待定，而善意取得制度下无权处分却可以使受让人原始取得。究其原因，是因为我国在引进法条时未具体分析各国的法律体系导致的。因此，应认定无权处分合同有效。