Is the contract for the plaintiff to sell something for which he has no title valid

Selling someone else's stuff (without ownership) is, of course, an invalid contract.

Since it is something without ownership, it should be invalid.

A contract of sale without a title deed is valid. The act of a sales contract is an act of creditor's rights, and as long as it meets the requirements for the establishment of the contract, it shall be deemed to be valid. If you don't have a real estate certificate, you don't have the right to fight against a bona fide third party.

Civil Code of the People's Republic of China

Article 143.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

The Civil Code of the People's Republic of China

Article 595.

A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

Civil Code of the People's Republic of China

Article 596.

The content of the sales contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standards and methods, settlement methods, words used in the contract and its effect.

According to Article 51 of the Contract Law, a sales contract that has no right to dispose of another person's property is a contract whose validity has not been determined before the right holder recognizes the repentance or the person without the right of disposition obtains the right of disposition. According to the general theory of legal acts whose validity has not been determined, if the right holder refuses to recognize or the person without the right of disposition determines that it is unable to obtain the ownership of the subject matter, the contract without the right to dispose of it shall be invalid ab initio. This was the basic attitude of local courts in disposing of cases that they did not have the authority to dispose of before the implementation of this interpretation.

However, after the interpretation of this article takes effect, there is no right to dispose of the contract, and even if the right holder refuses to recognize it or the person without the right to dispose determines that it is impossible to obtain the ownership of the subject matter, the court will not support the seller's or buyer's claim that the contract is invalid. In fact, on the basis of the interpretation of this article, it can be considered that a contract of sale without the right to dispose of the property of another person is a valid contract of creditor's rights.

The distinction between obligatory acts and non-entitled acts. In the theory of civil law, this provision further clarifies the principle of distinguishing between obligatory acts and non-entitled acts, following Article 15 of the Property Law and Article 15 of Interpretation II of the Contract Law. Specifically, in the case of disposition without authority, according to the interpretation of this article, the creditor's right in the sales contract is valid, but the seller's act of transferring the ownership of the subject matter to the buyer is still an act of disposition without authority whose validity is undetermined, and it can only take effect after the recognition of the right holder, and the ownership of the subject matter can only be obtained after it takes effect.

Of course, if the buyer is a bona fide third party (i.e. unaware that the seller has no right to dispose of it), it is also protected by the bona fide acquisition regime. Regardless of whether the right holder recognizes it or not, Article 106 of the Property Law can be directly applied to obtain the ownership of the subject matter.

There is no authority to dispose of the liability for failure to perform. The liability for breach of contract here shall be governed by the provisions of Chapter VII of the Contract Law, and the provisions of Chapter VI of the Contract Law shall apply to the termination of the contract.