夫妻共同生活之用意之于不动产物权

我国婚姻法司法解释（三）（征求意见稿）首次尝试在不动产物权流转法律关系中援引夫妻共同生活的理念,此做法值得肯定,但由于未充分认识到该理念的价值而使得征求意见稿不尽完善。事实上,夫妻共同生活之用意不仅可以作为不动产物权归属的判定依据,而且可以作为限制配偶一方擅自处分个人财产的正当理由。

The Purpose of Spouse Symbiosis to the Real Estate Rights

It is worthy of approving that exposure draft of judicial interpretation three of Marriage Law tries to introduce the idea of spouse symbiosis into legal nexus of real estate rights exchange for the first time.But it is not very perfect due to lacking fully consideration of that idea.Actually,the idea of spouse symbiosis could be used not only as the judgment of the ownership of real estate,but also as the proper reason of limiting spouse to dispose personal property.