离婚房产分割协议的物权效力

The Effect of the Variation of Real Right of Divorce Settlement Agreement

夫妻约定财产制具有变动物权的效力,无需适用《物权法》的规定;离婚财产分割协议与夫妻约定财产制并无实质区别,同样属于婚姻自治的范畴,也应当具有物权变动的效力。夫妻财产约定导致的物权登记状态与权属不一致,可借由不动产善意取得制度对第三人进行保护。债权人对登记簿并没有值得保护的利益,不能主张对登记簿的信赖。

The matrimonial property agreement agreed by the husband and the wife has the effect of the variation of real right,and does not need to apply the real right law of the People’s Republic of China.There is no substantial difference between divorce settlement agreement and matrimonial property agreement.They both belong to the category of marital autonomy and should have the effect of the variation of real right.The risk to the third party caused by the inconsistency between property registration and real owners can be remedied by good faith acquisition.Creditors have no protected interests in the register and can not claim trust in it.