論夫妻離婚時房屋產(chǎn)權(quán)分割的法律問題
發(fā)布時間：2019-04-19 01:31
【摘要】：隨著市場經(jīng)濟(jì)的深入發(fā)展和住房制度的不斷改革以及人們思想觀念的不斷更新,近些年離婚案件的數(shù)量呈上升趨勢發(fā)展,在離婚案件中關(guān)于房產(chǎn)的分割是占較大比重的,因此在離婚案件中可見,房產(chǎn)這筆大宗財產(chǎn)一直是離婚夫妻爭奪的主要焦點,也是近年來司法實踐的難題之一。《最高人民法院關(guān)于適用〈中華人民共和國婚姻法〉若干問題的解釋(三)》(以下簡稱《婚姻法》司法解釋三)實行以后離婚時按揭房屋的所有權(quán)及房屋在婚后的增值問題,還有在婚姻存續(xù)期間夫妻約定“忠誠協(xié)議”的情況下,此協(xié)議效力的判定等問題通常成為夫妻爭奪的焦點。由于法律的滯后性和立法的不統(tǒng)一性導(dǎo)致在司法實踐中各地方法院在認(rèn)識上難以統(tǒng)一,出現(xiàn)“同案不同判”的現(xiàn)象,理論界對此問題也無統(tǒng)一認(rèn)識。再者由于現(xiàn)行法律規(guī)范的缺失和不足,夫妻之間選擇通過“忠誠協(xié)議”來協(xié)調(diào)關(guān)系。但這樣的一個約定是否有效力仍然是一個值得探討的問題。本文共有三個章節(jié),第一章重點討論離婚情況下按揭房屋的歸屬,以及增值部分如何分割,在離婚共有房產(chǎn)分割問題中,按揭房屋的分割一直占較大比例,這部分主要論述按揭房屋的三種形式的認(rèn)定和分割問題,理論界的主流觀點和立法方面的問題,以及筆者的個人觀點。第二章主要是夫妻之間忠誠協(xié)議的效力認(rèn)定、判斷路徑和理由的研究,忠誠協(xié)議對共有房產(chǎn)分割的影響,這可以成為法官在處理離婚案件的房產(chǎn)分割問題的主要依據(jù),緩和社會矛盾,提高處理效率。第三章針對離婚時夫妻共同擁有的房屋分割立法提出完善建議,共包括四個模塊:第一,建立夫妻婚姻財產(chǎn)登記制度,明確夫妻財產(chǎn)分配。第二,完善立法和司法解釋的規(guī)定,完善妨礙夫妻共有房屋分割的法律制裁規(guī)定,填補(bǔ)法律漏洞,解決法律之間的沖突。第三,完善立法和司法解釋的規(guī)定,發(fā)揮法律的靈活性。
[Abstract]:With the in-depth development of the market economy, the continuous reform of the housing system and the continuous renewal of people's ideas, the number of divorce cases has shown an upward trend in recent years. In divorce cases, the division of real estate accounts for a large proportion. As a result, in divorce cases, it can be seen that the large amount of real estate has always been the main focus for divorced couples to compete for. It is also one of the difficult problems in judicial practice in recent years. The interpretation of the Supreme people's Court on some issues concerning the Application of the Marriage Law of the people's Republic of China (3) (hereinafter referred to as the Judicial interpretation of the Marriage Law) The ownership of the mortgage house at the time of marriage and the value-added problem of the house after marriage, In addition, when husband and wife agree "loyalty agreement" during marriage, the determination of the validity of this agreement is usually the focus of husband-wife competition. Due to the lag of the law and the inconsistency of the legislation, it is difficult for the local courts to unify their cognition in the judicial practice, and the phenomenon of "different judgments in the same case" appears, and there is no unified understanding of this issue in the theoretical circles. Furthermore, due to the lack of existing legal norms, couples choose to coordinate the relationship through loyalty agreement. But the validity of such a pact is still a question worth discussing. There are three chapters in this paper. The first chapter focuses on the attribution of mortgage housing under divorce, and how to divide the value-added part. The division of mortgage house has always accounted for a large proportion in the problem of split-up of divorced co-owned real estate. This part mainly discusses the identification and division of the three forms of mortgage housing, the mainstream views of theorists and legislative issues, as well as the author's personal point of view. The second chapter is mainly about the validity determination of the loyalty agreement between husband and wife, the research of judging path and reason, and the influence of loyalty agreement on the division of common property, which can be the main basis for judge to deal with the problem of property division in divorce cases. We will ease social conflicts and improve the efficiency of handling them. The third chapter puts forward some suggestions on the division of the house jointly owned by husband and wife at the time of divorce, which includes four modules: first, to establish the marital property registration system and to make clear the distribution of matrimonial property. Second, perfect the legislation and judicial interpretation, perfect the legal sanctions that hinder the division of common house between husband and wife, fill the legal loophole, and resolve the conflict between the laws. Third, perfect the provisions of legislation and judicial interpretation, give play to the flexibility of the law.
【學(xué)位授予單位】：青島大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2017
【分類號】：D923.9
本文編號：2460479
[Abstract]:With the in-depth development of the market economy, the continuous reform of the housing system and the continuous renewal of people's ideas, the number of divorce cases has shown an upward trend in recent years. In divorce cases, the division of real estate accounts for a large proportion. As a result, in divorce cases, it can be seen that the large amount of real estate has always been the main focus for divorced couples to compete for. It is also one of the difficult problems in judicial practice in recent years. The interpretation of the Supreme people's Court on some issues concerning the Application of the Marriage Law of the people's Republic of China (3) (hereinafter referred to as the Judicial interpretation of the Marriage Law) The ownership of the mortgage house at the time of marriage and the value-added problem of the house after marriage, In addition, when husband and wife agree "loyalty agreement" during marriage, the determination of the validity of this agreement is usually the focus of husband-wife competition. Due to the lag of the law and the inconsistency of the legislation, it is difficult for the local courts to unify their cognition in the judicial practice, and the phenomenon of "different judgments in the same case" appears, and there is no unified understanding of this issue in the theoretical circles. Furthermore, due to the lack of existing legal norms, couples choose to coordinate the relationship through loyalty agreement. But the validity of such a pact is still a question worth discussing. There are three chapters in this paper. The first chapter focuses on the attribution of mortgage housing under divorce, and how to divide the value-added part. The division of mortgage house has always accounted for a large proportion in the problem of split-up of divorced co-owned real estate. This part mainly discusses the identification and division of the three forms of mortgage housing, the mainstream views of theorists and legislative issues, as well as the author's personal point of view. The second chapter is mainly about the validity determination of the loyalty agreement between husband and wife, the research of judging path and reason, and the influence of loyalty agreement on the division of common property, which can be the main basis for judge to deal with the problem of property division in divorce cases. We will ease social conflicts and improve the efficiency of handling them. The third chapter puts forward some suggestions on the division of the house jointly owned by husband and wife at the time of divorce, which includes four modules: first, to establish the marital property registration system and to make clear the distribution of matrimonial property. Second, perfect the legislation and judicial interpretation, perfect the legal sanctions that hinder the division of common house between husband and wife, fill the legal loophole, and resolve the conflict between the laws. Third, perfect the provisions of legislation and judicial interpretation, give play to the flexibility of the law.
【學(xué)位授予單位】：青島大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2017
【分類號】：D923.9
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