夫妻间房屋所有权归属的法律规制

The Legal Norms Determining the Housing Ownership between Husband and Wife

调整夫妻间房屋归属的实证法律规范并不完全符合法技术的要求,即缺乏一定的普遍性、明晰性和一致性。从法学层面而言,运用一致性的规范标准,对这些规范素材进行技术分析和锻造,整理成具有可操作性同时也符合法技术要求的法律规范命题,不仅必要,而且可行。通过分析,可以得出以购房资金归属性质决定的关于房屋归属的规范命题。该命题并非法学随意创设,而是源于对相关实证规范素材的法技术分析。

Adjusting the empirical legal norms determining the housing ownership between hus- band and wife does not completely meet the technical requirements of law,that is the lack of uni- versality,clarity and consistency. In terms of law, it is necessary and feasible to technically ana- lyze and forge these norm material by means of consistency standard and to form operable legal norm proposition which meets the technical requirements at the same time. By analysis, this pa- per comes to the norm proposition concerning the housing ownership determined by the owner- ship nature of house-pu-rchase fund. The proposition is not created at random by law, but stems from the technical analysis of law on the related empirical norm material.