物權對抗力規則在夫妻財產制度中的適用

The Application of the Confronting Effect of the Transfer of Real Right Under the Matrimonial Regime

非基於法律行為的物權變動模式下的物權變動採相對登記主義立法，登記的性質為宣示登記。無論法定夫妻財產制抑或約定夫妻財產制下，不動產物權變動因婚姻關係的成立、存續或解除而發生，未經登記不得處分，屬於《物權法》規定而沒有列舉的非基於法律行為的物權變動。夫妻內部的財產關係應適用《婚姻法》規定，夫妻財產與第三人的關係適用《物權法》規定。當夫妻財產的物權變動與物權公示產生分離時，未經登記不得對抗善意第三人。

On the confronting effect of the transfer of real right arising from non- legal acts, the transfer could be subject to optional registration legislation doctrine featuring the publication registration. The transfer of real right under the matrimonial regime is in accordance with the establishment or termination of marriage. In this case, that property will be prohibited to dispose of unless it is registered, which could be classified as a type of the transfer of real right not caused by legal acts yet not practically listed in provisions of 'Chinese Property Law'. The property relation within spouses shall apply to the stipulation of 'Chinese Marriage Law” while if the third party is involved in this relation, 'Chinese Property Law' would be given a higher priority to apply. In case the transfer of concurrent properties under marriage is separated from the publication of that real right, it may not challenge the any bona fide third party if it is not registered.