夫妻财产约定中的不动产物权变动

Real Right Variation of The Real Estate in Spouses’ Property Agreement

我国2001年婚姻法修正案将夫妻约定财产制和法定财产制地位并列,且规定夫妻约定财产制效力高于法定财产制,这进一步完善了我国夫妻财产约定制度,明确夫妻可以约定婚姻关系存续期间所得财产以及婚前财产归各自所有、共同所有或者部分各自所有、部分共同所有,其约定对双方具有约束力。但在夫妻财产约定中,约定一方婚前财产,主要是房产,此类不动产婚后共有或者归对方所有时,是否须要履行物权变动程序,即对方对房产所有权的取得是否必须要办理完过户方能生效,以及出现争议时原所有权人是否可以行使撤销权。这些问题亟待解决。

In 2001, our Amendments of the Marriage Law not only juxtoposed the spouses’ contractual property system with legal property system, but also stipulated that the legal effect of the former prevailed. This law has further perfected the systems, clarifying that the property obtained during the existence of marriage and pre-marital property should be individually-owned,mutually-owned or parrtly-individually-owned-and-partly-mutually-owned which is binding on both sides. However, when pre-marital property such as real property is owned by one side and after marriage it is owned by both side or by counterpart, it needs to go through assingnment procedure or not, and if disputes arise, assignment can be revoked or not. This thesis goes for prompt solutions.