| Summary: | 碩士 === 東吳大學 === 法律學系 === 105 === Unauthorized Disposition means a person without title disposes other person’s object without his/her authorization. Pursuant to Article 118 of R.O.C. Civil Code, “The disposition of any object which is made by a person without title is effective only upon the acknowledgement of the person entitled. If the person without title acquires title to the object after having made a disposition, the disposition is valid ab initio, but interests obtained by the original interested party or any third party shall not be affected thereupon. In the preceding paragraph, if several incompatible dispositions have been made, only the earliest disposition is valid.” Subject to the clause, most of the theories consider that the effect of Unauthorized Disposition is Effectiveness Pending.
Unauthorized Agency means a person of no authority of agency make a juridical act in the name of an agent. Furthermore, the types of no authority of agency including agency in excess of authority, invalid authorized agency, no authority of agency and withdrawal of agency. Pursuant to Article 170 of R.O.C. Civil Code,” A juridical act made in the name of an agent by a person of no authority of agency shall not be effective to the principal except it is acknowledged by the principal. In the case specified in the preceding paragraph, the other party to the juridical act may fix a reasonable period and request the principal to declare definitely whether he acknowledges it or not. If the principal does not give a definite answer within the specified period, the acknowledgement shall be deemed to have been refused.” Subject to the clause, the effect of Unauthorized Agency is Effectiveness Pending.
Even though the effect of Unauthorized Disposition and Unauthorized Agency are Effectiveness Pending. However, if a person without the title of the land claims he/she is the landowner registered in the land registry who disposes the land without the landowner’s authorization. Since the effect of the act will infect third party’s right, whether the act is the Unauthorized Disposition or the Unauthorized Agency became a controversial issue in R.O.C. Civil Code. This thesis will conduct relevant and practical interpretation on judgment and carry out analysis study on this issue.
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