《婚姻法司法解释（三）》中房屋归属问题的研究

发布时间：2018-11-10 17:14

【摘要】：据统计,在2008年,全国法院共受理了1,286,437件婚姻家庭纠纷案件,2009年受理了1,341,029件,2010年受理了1,374,136件,这些案件中相对集中的反应出“婚后父母出资为子女购房”、“按揭房”、“房改房”等规定出现的争议比较多。最高人民法院在2008年开始了《婚姻法解释(三)》的起草工作。在广泛征求、汇集意见和建议之后,经过充分论证,于2011年发布了《婚姻法解释(三)》,其中不乏关于夫妻之间房屋归属问题的规定,为法院处理这一类问题提供了可操作性的统一标准。然而这些涉及房屋产权归属的条款也引来了不少争议和广泛的讨论,比如在第七条中规定如果夫妻两个人结婚以后,双方的父母都出了钱为子女购买了房子,然后房屋产权证上写的是夫妻中某一人的名字,在这种情况下,根据最新的规定,该房屋就由夫妻两个人根据自己父母出钱的比例按份共有该房屋。很明显,以上规定违背了《婚姻法》中婚后夫妻所得共同制的原则。另外,《婚姻法解释(三)》仍然存在着很多空白的地方,如婚前按揭购房,婚后共同还贷中对另一方房屋增值部分如何补偿的问题以及以夫妻一方父母的名义参加房改房,夫妻双方出钱购买,房产证上登记夫妻一方或双方的名字如何处理。因此本文将从“婚后父母出资为子女购房”、“一方婚前按揭购房婚后共同还贷”、“夫妻双方出资以一方父母名义购买房改房”这三个方面展开分析和研究。本文总体的结构框架可分为五部分：第一部分主要介绍了我国夫妻房产分割制度的基础,即目前的夫妻财产制度。目前的夫妻财产制度主要分为法定和约定两种,其中,夫妻的法定财产又包括夫妻共有财产和夫妻个人财产。接下来的第二部分、第三部分、第四部研究的是《婚姻法司法解释(三)》中关于夫妻房屋归属问题的详细规定,具体为第七条、第十条、第十二条,分别对应的是婚后父母出资为子女购置房屋,产权登记在自己子女名下,一方婚前按揭购房婚后共同还贷以及夫妻双方出资以一方父母名义购买的房改房。针对每个情形,从具体案例出发,通过学习和研究每条规定的出台背景及其具体含义,再一一对其评析,发掘闪光点,指出不足,最后提出完善建议。在第五部分中会做一个建议总结,希望能对《婚姻法》及其以后的司法解释有一点微小的参考价值。
[Abstract]:According to statistics, in 2008, the national courts accepted 1286437 cases of marriage and family disputes, 1341029 cases in 2009 and 1374136 cases in 2010. The relatively concentrated cases reflected "buying houses for their children after marriage" and "mortgage houses." "Housing reform" and other provisions appear more controversial. The Supreme people's Court began drafting the Marriage Law in 2008. After extensive solicitation, compilation of opinions and suggestions, and after a thorough demonstration, the Marriage Law interpretation (III) was published in 2011, which includes provisions on the ownership of housing between husband and wife. It provides an operational uniform standard for the court to deal with this kind of problem. However, these provisions concerning the ownership of the house have also attracted a lot of controversy and extensive discussion. For example, article 7 stipulates that if a couple marries, both parents pay money to buy a house for their children. Then the house title card is written on the name of one of the husband and wife, in this case, according to the latest regulations, the house is shared by the couple according to the proportion of their parents' money. It is clear that these provisions violate the principle of joint income for married couples in the Marriage Act. In addition, there are still many gaps in the interpretation of the Marriage Law, such as the purchase of houses by premarital mortgage, the question of how to compensate the value-added part of the other party's housing in the joint repayment of the loan after marriage, and how to participate in the housing reform in the name of one of the parents of the husband and wife. Husband and wife pay to buy, the property certificate registered on the name of one or both of the husband and wife how to deal with. Therefore, this article will carry out analysis and research from the following three aspects: "buying house for children after marriage", "one party paying the mortgage together after marriage", "paying for the house reform in the name of one parent". The whole structure frame of this paper can be divided into five parts: the first part mainly introduces the foundation of the division system of husband and wife real estate in our country, that is, the present marital property system. The current marital property system is mainly divided into statutory and agreed, among which, the legal property of husband and wife includes the joint property of husband and wife and the personal property of husband and wife. The second part, the third part, the fourth part, studies the detailed provisions of the "Judicial interpretation of the Marriage Law (3)" on the issue of the ownership of the house of husband and wife, specifically Article 7, Article 12, Corresponding to each other is the purchase of houses for children by parents after marriage, the registration of property rights in the name of their children, the joint repayment of loans after marriage by one of the premarital mortgages and the purchase of housing reform houses by both spouses in the name of one parent. According to each case, by studying and studying the background and meaning of each stipulation, the author analyzes and analyzes it one by one, finds out the bright spot, points out the deficiency, and finally puts forward some suggestions for perfection. In the fifth part, we will make a summary of the suggestion, hoping that it will be of little reference value to the judicial interpretation of Marriage Law and its future.
【学位授予单位】：中央民族大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D923.9

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