Research On Property Law Of The 74th For Ownership Of Community Parking Space

In China, the dispute on ownership of parking space has always been the hot spot in our society. Although the Property Law regulated the problem mentioned above, it hasn't recognized the attribution of parking space. In this paper, we will discuss the attribution of the underground garage in community with the 74th of Property Law. If you want to really understand the attribution of the garage, we should make condominium system clear firstly. We must make a distinction between principal unit and common elements under condominium system before define the attribution of the garage in order to find the solution of the basis on ownership of the garage in theory. The whole thesis is composed of the following six parts,(i) Introduction: introduces reasons for the research under this thesis, the research thinking, the method and the framework of this thesis. The existence of many disputes over parking space ownership pushes people to seek solutions for such disputes in the legislative and judicial fields. Moreover, systematic academic research is the premise and basis for the creation of such solutions.(ii) Chapter One: source of the problem, commentary on the 74th of Property Law, including the legislative background, the basic content of positive significance and major problems of it. From the provision we can know the value orientation of the Law on garage. And we can learn the spirit of law on the Property Law, to resolve the attrition of garage. But the understanding of a law can not simply stay in the provision itself, which would form a narrow one-sided understanding. In the chapter on ownership of condominium, all the articles of law has its own coherence, is necessary to integrate understandable.(iii) Chapter Two (the basic theory of condominium system): State the relationship between garage and house, the difference between the garage and parking spaces, the domestic issue of the current doctrine of residential garage. Chinese scholars on the legal property of the garage is not clearly expressed, which lead to even more complex ownership of residential garage. At last, state the legal property of residential garage under relationship between principal unit and common elements of condominium system, that garage can be the principal unit, the common elements, the limited common elements.(iv) Chapter Three (comparative studies on legislations of different countries and regions, including US, Canada, Taiwan, and Japan) : through analysis on the common standing points and differences among these countries'legislations, references for the research and legislation of parking space ownership system in the PRC is sought. Both the civil law and the common law countries solve the parking space ownership by adoption of condominium ownership system, in which the ownership of various parts of condominium property is clarified during the creation of condominium property. However, legislations of various countries do differ from each other in details because of their differences in traditions, cultures, custom and so on. Therefore, during the construction of the parking space ownership system in the PRC, attention must be paid to the trade customs, cultural traditions and other aspects with Chinese characteristics.(v) Chapter Four (the construction of the parking space ownership system in the PRC): With a view to follow the legal property of the garage to the garage under the premise of the right of ownership to make an accurate profile. Property Law provisions of the garage buildings marked distinction between ownership of all the systems to solve the start of the garage, but the systematic distinction between the norms of property legislation is also pending legislation to further improve the system. And then examine the necessity of research on condominium ownership system in the field of economic law): For the cell to regulate ownership of the garage could be included in the scope of economic law, and civil legislation, a role to play. Economic legislation for civil-related issues concerning the appropriate intervention was a duty of economic law.