《婚姻法》司法解释（三）关于房屋归属问题的研究
发布时间：2018-12-26 08:32
【摘要】：近几年,婚姻家庭纠纷案件呈逐年上升趋势,且多集中于财产纠纷,尤其是房屋纠纷。司法实践中,法院根据当地的情况自由裁量,常常会出现同案不同判的现象,严重影响了司法效率和法律权威。《最高人民法院关于适用中华人民共和国婚姻法若干问题的解释(三)》(以下简称《解释三》)于2011年7月14日通过,并于2011年8月13日起开始施行,其中第6条对夫妻间的赠与进行了规定、第7条对婚后父母出资购房的房屋归属进行了规定、第10条对婚前一方按揭购房的房屋归属进行了规定、第11条对房屋单方处分问题进行了规定、第12条对以父母名义购买公房的归属进行了规定。这些规定对婚姻关系存续期间取得的房屋的归属认定起到重要的指导作用。本文以婚姻法和物权法、合同法等一般财产法的关系为突破口,结合《解释三》的相关规定,对我国婚姻中房屋归属问题进行分析。全文除引言和结语外,共分为四个部分:第一部分论述了《解释三》关于房屋归属规定引发的争议、《解释三》关于房屋归属规定价值取向、房屋归属的界定。通过这三个方面对《解释三》关于房屋归属规定进行初步解读,为后文的论述提供了铺垫。第二部分是讨论《解释三》中关于房屋归属的规范分析。首先讨论了房屋关系领域婚姻法与一般财产法的关系,说明在认定房屋归属时,一般财产法是基础性法律,婚姻法是特别法;其次阐述了《解释三》关于房屋规定的规范分析,分别从夫妻之间赠与房屋的归属认定、婚后父母为子女购买不动产的归属认定、一方婚前按揭购房的房屋归属认定、一方擅自出卖共有房屋的归属认定、离婚时夫妻出资购买以父母名义参加房改的房屋的归属认定这五个方面对《解释三》关于房屋规定进行学理分析;最后从积极与消极两方面对《解释三》关于房屋归属规定进行评价。第三部分具体分析了《解释三》关于房屋归属规定存在的问题,分别从婚后父母出资购房的房屋归属、婚前一方按揭购房的房屋归属、其它房屋归属规定方面阐述了《解释三》关于房屋归属规定中存在的问题。第四部分,提出了《解释三》关于房屋归属规定存在的问题的完善建议,分别从立法基本原则及具体制度完善两方面提出建议,期为我国夫妻房屋归属制度有所助益。
[Abstract]:In recent years, the cases of marriage and family disputes have been increasing year by year, and they are mainly concentrated in property disputes, especially in housing disputes. In judicial practice, courts at their discretion according to local circumstances often have different judgments in the same case. The interpretation of the Supreme people's Court concerning the application of the Marriage Law of the people's Republic of China (III) > (hereinafter referred to as interpretation III) was adopted on 14 July 2011, Effective from August 13, 2011, Article 6 provides for gifts between husband and wife, and Article 7 provides for the ownership of houses financed by parents after marriage. Article 10 provides for the ownership of the house purchased by one of the parties before marriage, article 11 for the unilateral punishment of the house, and article 12 for the ownership of the public house purchased in the name of the parents. These regulations play an important role in determining the ownership of houses acquired during marriage. Based on the relationship between marriage law, real right law, contract law and other general property laws, this paper analyzes the problem of housing ownership in marriage in our country by combining with the relevant provisions of explanation III. In addition to the introduction and conclusion, the full text is divided into four parts: the first part discusses the controversy caused by the housing ownership regulations, the value orientation of the housing ownership regulations and the definition of the housing ownership. Through these three aspects, the author makes a preliminary interpretation of the housing ownership regulations, which provides the foundation for the later discussion. The second part discusses the normative analysis of housing ownership in explanation III. Firstly, the relationship between the marriage law and the general property law in the field of housing relations is discussed, which shows that the general property law is the basic law and the marriage law is the special law when determining the ownership of the house. Secondly, it expounds the normative analysis of housing regulations, including the identification of the ownership of the donated house between husband and wife, the ownership of the real estate purchased by the parents for their children after marriage, and the confirmation of the ownership of the house purchased by one of the parties before the marriage mortgage. The ownership of the joint housing sold by one party without authorization and the ownership of the house purchased by the husband and wife to participate in the housing reform in the name of their parents at the time of divorce are analyzed from the following five aspects: explanation III; Finally, it evaluates the housing ownership regulations from the positive and negative aspects. The third part concretely analyzes the problems existing in the regulations of housing ownership, respectively, from the ownership of the house funded by the parents after marriage, the ownership of the house purchased by one of the parties before marriage, and the ownership of the house purchased by one of the parties before marriage. Other housing ownership provisions elaborated on the housing ownership provisions on the existing problems. In the fourth part, the author puts forward some suggestions on the problems existing in the regulations of housing ownership, respectively, from the basic principles of legislation and the perfection of specific systems, which will be helpful to the housing ownership system of husband and wife in China.
【学位授予单位】：广东财经大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D923.9
本文编号：2391821
[Abstract]:In recent years, the cases of marriage and family disputes have been increasing year by year, and they are mainly concentrated in property disputes, especially in housing disputes. In judicial practice, courts at their discretion according to local circumstances often have different judgments in the same case. The interpretation of the Supreme people's Court concerning the application of the Marriage Law of the people's Republic of China (III) > (hereinafter referred to as interpretation III) was adopted on 14 July 2011, Effective from August 13, 2011, Article 6 provides for gifts between husband and wife, and Article 7 provides for the ownership of houses financed by parents after marriage. Article 10 provides for the ownership of the house purchased by one of the parties before marriage, article 11 for the unilateral punishment of the house, and article 12 for the ownership of the public house purchased in the name of the parents. These regulations play an important role in determining the ownership of houses acquired during marriage. Based on the relationship between marriage law, real right law, contract law and other general property laws, this paper analyzes the problem of housing ownership in marriage in our country by combining with the relevant provisions of explanation III. In addition to the introduction and conclusion, the full text is divided into four parts: the first part discusses the controversy caused by the housing ownership regulations, the value orientation of the housing ownership regulations and the definition of the housing ownership. Through these three aspects, the author makes a preliminary interpretation of the housing ownership regulations, which provides the foundation for the later discussion. The second part discusses the normative analysis of housing ownership in explanation III. Firstly, the relationship between the marriage law and the general property law in the field of housing relations is discussed, which shows that the general property law is the basic law and the marriage law is the special law when determining the ownership of the house. Secondly, it expounds the normative analysis of housing regulations, including the identification of the ownership of the donated house between husband and wife, the ownership of the real estate purchased by the parents for their children after marriage, and the confirmation of the ownership of the house purchased by one of the parties before the marriage mortgage. The ownership of the joint housing sold by one party without authorization and the ownership of the house purchased by the husband and wife to participate in the housing reform in the name of their parents at the time of divorce are analyzed from the following five aspects: explanation III; Finally, it evaluates the housing ownership regulations from the positive and negative aspects. The third part concretely analyzes the problems existing in the regulations of housing ownership, respectively, from the ownership of the house funded by the parents after marriage, the ownership of the house purchased by one of the parties before marriage, and the ownership of the house purchased by one of the parties before marriage. Other housing ownership provisions elaborated on the housing ownership provisions on the existing problems. In the fourth part, the author puts forward some suggestions on the problems existing in the regulations of housing ownership, respectively, from the basic principles of legislation and the perfection of specific systems, which will be helpful to the housing ownership system of husband and wife in China.
【学位授予单位】：广东财经大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D923.9
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