登记在夫妻一方名下不动产物权变动的法律适用

On the application of law in the change of real estate rights registered under the name of a spouse

夫妻间因婚姻关系成为不动产共有人,属于非基于法律行为发生的物权变动,应当适用《中华人民共和国婚姻法》的规定,与《中华人民共和国物权法》中不动产登记生效原则不生冲突。《中华人民共和国婚姻法》赋予隐藏共有人享有所有权的对内效力和通过积极作为使其变更为共有人的权利,而不是将物权变动的效力对抗善意第三人。不论是何种财产制下的夫妻间不动产物权变动,在涉及第三人时,应当适用《中华人民共和国物权法》的规定。

The husband and wife become the co-owners of real estate due to the marital relationship.Whether it is the legal property system or the agreed property system,it belongs to the property rights change that is not based on legal acts.If the registration publicity procedure is not required,the provisions of the Marriage Law should be applied.There is no conflict with the principle of entry into force of real estate registration in the Property Law.When the counterpart of the transaction is involved,the protection of the hidden co-owner s ownership ends with the registration authority s obligation to check the registered nominee for the existence of the co-owner s result record and the registration result,and the third party has the obligation to inquire about the immovable property registration information.Trusting the results of the query is good faith.The Marriage Law gives hidden co-owners the right to ownership and the right to change them into co-owners through positive acts,rather than the effectiveness of changes in property rights against third-party bona fide,so whether it is a statutory property system or an agreement Changes in the right to immovable property between husband and wife under the property system shall be governed by the Property Law when a third person is involved.