《物权法》在婚姻案件中适用的困境与思考——以婚姻案件中不动产的处理为视角

Reflections on Difficult Situation of Property Law Applied in Matrimonial Cases:From Perspective of Dealing with Real Estate in Matrimonial Cases

《物权法》与《婚姻法》在关于不动产的法律适用上存在冲突,《婚姻法》作为婚姻家庭生活中的特别法律,在一定程度上可以对《物权法》有突破。结合司法实践,从夫妻共有房屋与物权不动产善意取得制度、夫妻仅共有一套房屋与一物一权原则、夫妻共有房屋分割与抵押权及《婚姻法解释(三)》与《物权法》相关规定进行思考并提出建议。

There exist conflicts between The Property Law and The Marriage Law in the application of real estate. As a particular law concerning marriage and family life, The Marriage Law may have breakthrough to some extent for The Property Law. With insights from judicial practices, this article discusses such issues as marital real estate and the good faith acquisition of real estate, a couple＇s co-ownership of only one home and the principle that sole ownership of a possession cannot be in two persons, a couple＇s separation of home co-ownership and mortgage, and related provisions of The Property Law and Interpretations III on Issues Concerning Application of Marriage Law of the PRC. The article also comes up with some suggestions.