夫妻间房产赠与约定的性质与效力

The Nature and Effectiveness of Property Gift Agreement between Husband and Wife

摘要: 因法律条文的模糊表述与供给不足，也因强财产法的理念指引，夫妻间房产赠与纠纷尽管标的小，却普遍困扰着司法实践。该类纠纷难以解决的始点是各方对夫妻间财产约定的性质认定存在分歧，未能厘清内含于其中的身份法与财产法关系。将夫妻间赠与纳入《民法典》第1065条的广义夫妻间财产约定中，使其优先适用婚姻家庭编规则，不仅能客观上理顺条文关系，更能深入实现家庭和睦与财产保护的双重愿景。夫妻间房产赠与约定的效力内外有别，对内无需登记即可发生物权变动，对外未经登记不可对抗善意第三人。总而言之，夫妻间房产赠与纠纷的裁判要把握夫妻间赠与内含于夫妻间财产约定的底层逻辑，重视民本价值和伦理价值以平衡好夫妻内部利益，重视市场经济和交易秩序以维护好善意第三人利益。

Abstract: Because of the vague expression, insufficient supply of legal provisions and the strong guidance of the concept of property law, the property gift dispute between husband and wife generally troubled the judicial practice, although the target is small. It is difficult to solve this kind of dispute because the parties have different views on the nature of property agreement between husband and wife, and fail to clarify the relationship between identity law and property law. By including the gift between husband and wife into the broad property agreement between husband and wife in Article 1065 of the Civil Code of the People’s Republic of China and giving priority to the application of marriage and family constitution rules, it can not only objectively straighten out the relationship between provisions, but also deeply realize the dual vision of family harmony and property protection. The validity of the property gift agreement between husband and wife is different inside and outside. The property right can be changed without registration inside, and the third party in good faith cannot be opposed without registration outside. In a word, the judge of the dispute of property gift between husband and wife should grasp the underlying logic of the gift between husband and wife contained in the property agreement between husband and wife, pay attention to the people-oriented value and ethical value to balance the internal interests of husband and wife, pay attention to the market economy and transaction in order to maintain the interests of the third party in good faith.