摘 要：无权处分制度是《合同法》颁布以来倍受争议的一项制度。其之所以倍受争议，原因之一在于我国民事立法体系的不完善，但更多是由于无权处分的内涵界定模糊以及无权处分所引起的法律关系复杂所导致。作者在本文中对无权处分的内涵作了明确的界定，然后从现代民法保护交易安全的基本精神出发，深入阐述了无权处分的效力以及无权处分善意取得制度的竞合及适用。
关键词： 无权处分 债权形式主义 善意取得

Summary : Since is it punish system issue " contract law " to have no righting a system of the dispute. Its dispute, reason one of lie in of our country civil legislation system perfect, it is defined fuzzily and having no right to punish the legal relations caused to cause complicatedly because of the intension having no right to punish but more. The author is originally doing clear definition to the intension having no right to punish in the article, then set out from the basic spirit of protecting the trade security of the modern civil law , explain the effect had no right to punish and have no right to punish and make the competing and shuts and suitable of the system with good intention thoroughly . Keyword: Have no right to punish Creditor's rights formalism Obtain with good intention