谦抑语境下家庭财产关系的物权法适用——以《物权法》与《婚姻法》的对接为切入点

Property Law's Criterion and Application about Family Property in Modest Context:Using the Connection between "Property Law" and "Marriage Law" as a Point of Penetration

从《物权法》作为"强行法"不断弱化的趋势来看,物权法具有谦抑性。基于家庭财产关系的特殊性,《物权法》既要发挥财产基本法应有的规范和指导作用,同时又应当保持一定的谦抑和理性,对《婚姻法》在调整家庭财产关系过程中应有的地位和作用给予尊重和谦让,这不仅体现在物权立法中,也体现在《物权法》的适用过程中。当然《婚姻法》需要在《物权法》的指导下进行完善。

After enacting ＂Property Law＂,people have become more and more concerned with achieving the connection with ＂Marriage Law＂.As the trend that Property Law is weaker and weaker as ＂imperative law＂,the modesty of Property Law can be seen.Based on the particularity of family property,＂Property Law＂ not only needs to play the role of what a fundamental property law should regulate and conduct,but also keeps its modesty and rationality-the respect and humility to the role and function ＂Marriage Law ＂has while regulating family property from both legislation and applicable process these two sides.Also,for sure that ＂Marriage Law＂ needs to be consummated with the directing of ＂Property Law＂.