夫妻房产给予约定的性质与法律适用
The Nature and Legal Application of the Property Agreement between Spouses

夫妻房产给予约定的定性与法律适用在我国的理论与实践中存在诸多争议。夫妻房产给予约定既不属于债法上的一般赠与，也不属于夫妻财产制契约，而是具有浓厚身份关系特征与家事伦理特征的关于特定财产的约定。必须考虑家庭整体财产安排、婚姻家庭伦理、经济地位的差异与分工补偿、对婚姻关系的预期等多种因素，不得简单适用赠与合同的一般规定。应当排除任意撤销权的适用，同时与情势变更规则相衔接，允许给予人在特定情况下适用或者类推适用情势变更规则变更或解除合同。该房产给予约定仅具有债法上的效力，不发生直接物权变动的效果。
There are many disputes in the theory and practice about the nature and legal application of the property agreement between spouses. The property agreement is neither a general gift in the obligation law nor a marital agreement, but an agreement on specific property with strong status relationship and family ethics characteristics. At the same time, it should consider various factors such as the overall property arrangement of the family, marriage and family ethics, differences in economic status and compensation for division of labor, and expectations of the marriage relationship. The general provisions of a gift contract cannot be simply applied. It is generally stipulated that the application of the right of arbitrary revocation should be excluded, and at the same time, it should be connected with the rules of change of circumstances, allowing the giver to apply or analogously apply the rules of change of circumstances to change or terminate the contract under specific circumstances. The property giving agreement only has the effect of the obligatory law and does not have the effect of direct real right change.