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《婚姻法解释三》自颁布以来一直饱受争议,其中第十一条将夫妻共有房屋适用于物权规则更引起学界一片波澜。学者们普遍认为将“夫妻一方擅自处分共有房屋”的行为视作无权处分并将其适用于善意取得制度对夫妻共有房屋保护不力,但也有学者站在善意第三人的角度对该条文的合理性进行了分析。鉴于此,本文从共有房屋范围的认定入手,对夫妻单方处分共有房屋行为的性质进行讨论,并对夫妻共有房屋的优先保护问题进行探究,以期对争议问题有更加深刻的理解与认识。
Explanatory Notes III of the Marriage Law has been the subject of controversy since it was promulgated. Article 11 of the Law stipulates that the application of the common ownership of houses by marital law to the rules of real rights in Article 11 has caused a wave in the academic circle. Scholars generally believe that the “unilateral disposition of shared houses” by one of the spouses is considered as an unauthorized disposition and its application to the system of goodwill is not conducive to the protection of the common housing of the couple, but some scholars stand on the side of goodwill third parties The rationality of the article is analyzed. In view of this, starting from the cognizance of the scope of common houses, this article discusses the nature of the unilateral joint-share behaviors of husband and wife and explores the priority protection of common houses for couples, with a view to deepening understanding and understanding of controversial issues.