夫妻财产约定与不动产物权变动问题研究

Study on the Property Agreement Between Husband and Wife and the Real Right Change of Real Estate

夫妻之间会通过签订书面协议的方式对婚姻存续期间的不动产的归属作出约定,此时《婚姻法》和《物权法》会产生法律适用上的冲突,本文试图阐释夫妻财产约定的性质并进一步对夫妻财产约定导致物权变动的路径进行分析,以期解决司法实践中同案不同判的现象。

Between husband and wife will sign a written agreement by way of marriage during the existence of real estate ownership to make an agreement, the 'marriage law' and 'property law' will cause the conflicts of law application. This paper attempts to explain the nature of marital property agreement and further cause analysis about the matrimonial property right change path in order to solve the case, the phenomenon of judicial practice in different judgments.