仲裁裁决的物权变动效力简析

Study on Real Right Change Effect of Arbitral Award

根据我国《物权法》第28条,仲裁裁决具有物权变动的效力,该规定基于我国立法中形成诉权裁判主体的制度设计,契合我国保障仲裁当事人权利的立法精神,具有明确物权归属及变动时间的法律价值。然而仲裁裁决的保密性使得裁决不具备物权公示效果,以致实践中存在物权归属与物权登记不一致的情形,并增加了物权变动的法律风险。因此应对法律及司法解释予以完善,以保证物权变动问题上法律适用的统一。

According to Article 28 of People' s Republic of China' s Property Law, arbitration awards have effect of real right change. This provision is based on the system design of our country about subjects to hear the right of action of formation, which conforms to the spirit of the protection of the parties' rights, and helps to define the ownership of real property and the time of change. However, the real right publicity effect is excluded from the confidentiality of the arbitral award, so that person on registration could be different from person having the real right of property, and legal risk of real right change could increase along with it. Therefore, the legal and judicial interpretation should be modified, in order to ensure uniform law applicable standards.