[裁判要旨]我国采取的是严格的物权法定,如果当事人约定的物权内容不符合法律规定,将导致物权不能设立,不能产生物权效力的后果。但旨在设定物权的合同仍然是有效的,在这种情况下只能将当事人设定的权利看成债权。案号:(2009)邳民一初字第1077号[案情]被告惠亚军和被告胡胜华之间系夫妻关系,原、被告之间此前曾有借 [Purpose of the Referee] Our country adopts a strict legal regime of real rights. If the content of the real right agreed upon by the parties does not comply with the law, it will result in the property rights not being established and the consequences of the real right effect can not be produced. However, the contract for the creation of property rights is still valid, in which case the rights set by the parties can only be considered as claims. Case number: (2009) Min Chu Chu Zi No. 1077 [the merits] Defendant Hui Yajun and the defendant Hu Shenghua relationship between the husband and wife, the original, the defendant had previously borrowed