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【裁判要旨】在双方当事人对房屋权属证书的证明效力均存在争议的情况下,该房屋权属证书自然不能作为认定讼争房屋权利归属的证据。此时,法院应对房屋权属证书在涉及确权之诉等民事诉讼案件中的证据效力作出审查分析,并严格按照相关证据规则对讼争房屋的权属作综合认定。其中关键在于,不仅应查明房产的出资问题,还应理顺法律关系,对财产性质进行综合分析认定。如果房产的出资既具有家庭共同财产性质,也具有夫妻共同财产性质,应认定该房产系相关权利人的共有财产。
The main purpose of the referee In the case of dispute between the parties to prove the validity of the certificate of ownership of housing, the certificate of ownership can not naturally be used as proof of the ownership of the ownership of the dispute. At this point, the court should examine and analyze the evidence validity of the civil rights ownership certificate in the civil litigation cases involving the confirmation of the right and so on, and make a comprehensive determination of the ownership of the real estate in strict compliance with relevant rules of evidence. The key point is that not only should the property investment be identified, but also the legal relationship should be rationalized, and the nature of the property should be comprehensively analyzed and determined. If the contribution of real estate both with the nature of family common property, but also with the nature of the common property of the couple should be identified that the property is the property of the relevant obligee’s common property.