Actually, in the process to sign a contract the object that the party relies on is the conduct of signing a contract, not the validation of contract 信赖利益中的信赖其实是对缔约行为的信赖,而不是对合同成立有效的信赖。
Traditional theory of civil law believes that the reliance interests is the loss caused by void of contract while the party relies on the formation and validation of contract 传统观点曾认为信赖利益是信赖合同成立有效却因合同不成立或无效而生的损失。
Common law takes the view that the actor should take responsibility of what has done with the precondition of a valid contract . even analyzing the consideration theory of commom law, the unauthorized disposition wont lead to the lack of consideration then make the contract invalid the international demonstration law, representing the development trend of world law, even expresses the theory that unauthorized disposition had nothing to do with validation of contract in a more explicit way in their legislation . hence the countries with advanced civil law all think or tend to mink mat unauthorized disposition contract should n't be invalid just only because of the action of unauthorized . china civil law should also follow the trend 英美法系则认为处分人应负权利担保责任,而这一责任承担的前提应是合同有效。即使从英美法系的约因理论分析,处分人无处分权也并不会造成缺乏约因,不会导致合同无效。代表了世界法律发展趋势的国际示范法则更为明确地表达了处分人无处分权与合同效力没有关系的思想。