The contract law stipulates in the general provisions that if a person who has no right to dispose of another person's property obtains the right to dispose of it after the obligee has ratified it or the person who has no right to dispose of it has entered into a contract, the contract is valid.

Article 3.3 of the General Principles of International Commercial Contracts also stipulates that the fact that one party has no right to dispose of the property related to the contract at the time of concluding the contract does not affect the validity of the contract.

How to protect a bona fide third party after the conclusion of a contract that has not been ratified by the obligee or has no right to dispose of it is another problem.

The subject matter of a contract refers to whether a bona fide third party who has purchased the subject matter can legally retain the ownership of the subject matter.

Extended data

If it is difficult to perform the debt under any of the following circumstances, the debtor may deposit the subject matter:

(1) The creditor refuses to accept it without justifiable reasons;

(2) The whereabouts of the creditor are unknown;

(3) The creditor dies without an heir or loses the capacity for civil conduct without a guardian;

(4) Other circumstances prescribed by law.

If the subject matter is not suitable for escrow or the escrow fee is too high, the debtor may auction or sell the subject matter according to law and deposit the proceeds.

After the subject matter is deposited, the debtor shall promptly notify the creditor or his successor or guardian, unless the creditor's whereabouts are unknown.

After the subject matter is deposited, the risk of damage or loss shall be borne by the creditor. During the period of escrow, the fruits of the subject matter belong to the creditors. The deposit fee shall be borne by the creditor.

The creditor may collect the deposit at any time, but if the creditor has debts due to the debtor, the deposit department shall refuse to collect the deposit at the request of the debtor before the creditor fails to perform the debt or provide guarantee.

Baidu Encyclopedia-People's Republic of China (PRC) Contract Law

Baidu Encyclopedia-Contract Object