西南石油大学学报（社会科学版）2024，Vol.26Issue(2)：68-77,10.DOI:10.11885/j.issn.1674-5094.2023.10.15.01
试析夫妻财产归一方所有约定的法律效力
On the Legal Effect of the Agreement Clarifying Marital Property to One Party:An Analysis Based On the Civil Code
摘要
Abstract
The agreement that clarifies the marital property to one party should be defined as the marital property system contract recognized in Article 1065 of China's Civil Code.Its essence is an arrangement of marital property based on identity relationship and ethical relationship,which is attached to the marriage relationship and exists,which is the basis for its legal effect analysis.When defining the legal effect of the agreement clarifying marital property to one party,the value significance of factors such as marital ethics and marital function should be taken into full account with the recognition that the path and result of the arrangement of matrimonial property is affected by the appearance of common life and the moral restriction of marital relationship due to the complex social attributes of the agreement.The legal effect of the agreement shall be analyzed in the light of the differences in the internal and external effects of the agreement on clarification of marital property to one party.Within the martial relationship it should be recognized that the agreement has the effect of property right change between husband and wife,and there is no need to perform the publicity procedures such as registration and delivery stipulated by law.As for the relationship with the third party,we should differentiate between the creditor's right acquirer and the real right successor,etc.On the premise that the agreement fails to perform the publicity procedure,we should comprehensively consider and judge the effectiveness by combining the factors such as the sequential relationship and whether the third party is aware of the agreement.关键词
夫妻财产/"归一方所有"约定/《民法典》/夫妻伦理/法律效力Key words
marital property/agreement clarifying marital property to one party/the Civil Code/marital ethics/legal effect分类
社会科学引用本文复制引用
陈洁..试析夫妻财产归一方所有约定的法律效力[J].西南石油大学学报（社会科学版）,2024,26(2):68-77,10.基金项目
2023年度陕西高等职业教育教学改革项目"高职院校教师教学创新团队建设实践研究"(项目编号:99). （项目编号:99）
