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【裁判要点】房屋属于不动产,在赠与房产的情况下,需要登记方能发生物权变动的效力。双方虽约定财产赠与,但未到房屋管理部门变更登记的,协议中赠与的房产份额并未发生转移。因协议并未公证,属于可任意撤销的赠与协议,赠与人主张撤销赠与的,人民法院应予支持。【相关法条】《中华人民共和国婚姻法》第19条夫妻可以约定婚姻关系存续期间所得的财产以及婚前财产归各自所有、共同所有或部分各自所有、部分共同所有。约定应当采用书面形式。没有
Referee points】 【Housing is real estate, gifts in the case of real estate, the need to register in order to change the effectiveness of real right. Although the two sides agreed property donation, but not to change the registration of housing management department, the agreement did not transfer the share of real estate did not occur. Because the agreement is not notarized, it is an arbitration agreement that can be arbitrarily withdrawn. If the donor claims to cancel the gift, the people’s court shall support it. [Related Laws] Article 19 of the Marriage Law of the People’s Republic of China The couple may agree that the property acquired during the existence of the marriage and the property before the marriage shall be owned, partly owned or partly owned and partly owned by them. The agreement shall be made in writing. No