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【裁判要旨】夫妻双方在婚姻关系存续期间达成的包含登记离婚与财产分割等内容的财产分割协议,属于《婚姻法司法解释(三)》第14条所规定的“附协议离婚条件的财产分割协议”。若双方协议离婚未成,此类财产分割协议所附生效条件未成立,即使其中有关财产分割的约定已部分履行,亦不能认为所附的生效条件已经成就,此类协议应认定为不生效。法院应当适用某一法律规则而不予适用,由此对法律行为效力作出错误评价进而作出错误的判决,属于“适用法律确有错误并导致判决结果错误”的情形。若当事人据此申请再审,应认定其申请符合“适用法律确有错误”的法定再审事由,审查法院应依法裁定再审。
【Referee Key Points】 The agreement on property division reached between husband and wife during the marriage period, including registration of divorce and property division, belongs to the property division of divorce stipulated in Article 14 of the Judicial Interpretation of Marriage Law (III) protocol“. If the agreement between both parties is not satisfactory, the conditions of entry into force of such agreement for the division of property are not established. Even if the agreement concerning the division of property has been partially fulfilled, the conditions for entry into force can not be considered as valid and such agreement shall be deemed not to have taken effect. The court should not apply a certain rule of law, thus making a wrong evaluation of the validity of the legal act and then making a wrong judgment, which belongs to the situation that ”the applicable law is in error and results in a wrong judgment.“ If the parties apply for retrial accordingly, they shall be deemed to have applied for the statutory retrial reasoning that ”the applicable law does have a mistake", and the reviewing court shall adjudicate according to law.