民法典时代夫妻房产赠与纠纷中的司法判决冲突及解决

The Conflict and the Solution of Different Judicial Judgments over the Disputes of Bestowal of Real Estate Ownerships within Marriages in the Era of Civil Code

夫妻财产法律制度集合身份关系与财产关系两维价值,前者是后者产生的前提和基础。夫妻房产赠与纠纷争议虽呈单纯协约纠纷表象,实则关涉身份关系,现有裁判规则未妥善处理两者之间的关系。夫妻房产赠与协议的性质和裁判规则一直存在争议,其属于婚姻家庭法规定的一种夫妻财产约定,还是适用财产法的赠与行为规定,在司法判决中也存在大量同案异判现象。民法典时代,司法实践中婚姻家庭生活纠纷的解决既需在微观上审视司法解释的逻辑,又要在宏观上把握《民法典》各编的价值维度。《民法典》编纂中"民本"思想贯彻七编,确定了人身权利保护优于财产权利保护的基调。与单纯财产行为主体间的关系不同,婚姻家庭编强调夫妻间的忠诚、尊重、关爱及家庭成员间的"敬老爱幼"和"互相帮助"。解决家庭成员特别是夫妻间财产纠纷时,应优先考量当事人之间独特的身份因素和婚姻家庭的伦理价值,将夫妻房产赠与行为与单纯赠与合同行为区分开,纳入夫妻财产约定范畴。

There are two areas with which marital property legal disputes are concerned:identity relationships and property relationships.In conjugal relationships,the former is the foundation of the latter.The disputes arising from bestowal of real estate ownership between husbands and wives appear to be related to contracts and have been most likely dealt with under the principle of bestowal in contract law.There,hence,have been similar cases that have been given different court orders.These disputes are,however,in fact related to the conjugal and marital relationships,whose important value has not been recognized by the existing judicial principles.It has been a long-time controversy over the nature and effectiveness of the real estate arrangement between husbands and wives,with respect to whether such arrangement is a kind of marital property agreement to be regulated by the marriage law,or a pure bestowing act to be regulated in accordance with the contract law.This controversy is the source of a serious legal problem,namely the existence of diverse judgments over similar cases in judicial practice.In the era of civil code codification,to solve the disputes stemming from conjugal,marital and familial daily lives requires a consideration of both the logic of judicial interpretation at the micro level and the values and principles of the Civil Code at the macro level.The"people-centred"principle is woven throughout the compilation of the Civil Code and determines that the protection of personal rights is superior to the protection of property rights.Different from the relationships of pure property gift giving,the chapter on Marriage and Family in the Civil Code emphasizes the values of loyalty,respect and love between the spouses,and also advocates"respecting the old and taking care of the young"and"helping each other"among family members.To resolve property disputes between family members,especially between the spouses,it is important to consider,first,the special relationships between the parties involved in the dispute and the ethical value of marriage and family.Then,there appears a clear distinction between the bestowal of real estate ownership within a marriage and a simple contract for donation of real estate,resulting in the former to be included in the scope of a marital property agreement.