试析夫妻财产归一方所有约定的法律效力——以《民法典》为基础

On the Legal Effect of the Agreement Clarifying Marital Property to One Party:An Analysis Based On the Civil Code

正确处理夫妻财产关系是社会有序运行的制度基础。夫妻财产归一方所有约定是夫妻财产关系中当事人意思自治的体现,应当定性为我国《民法典》第1065条认可的夫妻财产制契约,是一种基于身份关系、伦理关系的夫妻财产安排,依附于婚姻关系而存在。认定夫妻财产归一方所有约定的法律效力,应充分考虑夫妻伦理、婚姻功能等因素的价值影响,结合内外效果的不同对其法律效力进行区别对待:在夫妻关系内部,一般情况下应认可该约定在夫妻之间产生物权变动的效力;从外部效力来看,需要区分债权取得人和物权继受人等情形,并结合第三人是否知悉、时序上的先后关系等因素进行综合判断。

The agreement that clarifies the marital property to one party should be defined as the marital property system contract recognized in Article 1065 of China’s Civil Code.Its essence is an arrangement of marital property based on identity relationship and ethical relationship,which is attached to the marriage relationship and exists,which is the basis for its legal effect analysis.When defining the legal effect of the agreement clarifying marital property to one party,the value significance of factors such as marital ethics and marital function should be taken into full account with the recognition that the path and result of the arrangement of matrimonial property is affected by the appearance of common life and the moral restriction of marital relationship due to the complex social attributes of the agreement.The legal effect of the agreement shall be analyzed in the light of the differences in the internal and external effects of the agreement on clarification of marital property to one party.Within the martial relationship it should be recognized that the agreement has the effect of property right change between husband and wife,and there is no need to perform the publicity procedures such as registration and delivery stipulated by law.As for the relationship with the third party,we should differentiate between the creditor’s right acquirer and the real right successor,etc.On the premise that the agreement fails to perform the publicity procedure,we should comprehensively consider and judge the effectiveness by combining the factors such as the sequential relationship and whether the third party is aware of the agreement.