Research On The Ownership Of Parking-set And Garage In Residential Communities

As to the ownership of the Car Parking Zone is an important estate, the ownership of the Car Parking Zone is always the focus of attention. The limited land resources, urban growth and the growth of private cars more than the parking places and garages residential area, the growth rate of growth and the parking places and garages become scarce resources, leading to the parking places and garages community ownership and use right disputes have become increasingly prominent. These disputes mainly focus on community garage parking, is owned by all the owners or business is all about, in the final analysis, it is the parking places and garages ownership and use right. The property law in a certain extent of the dispute, but the law and the two new judicial interpretations for residential parking garage, the ownership of the right to define fuzzy, and has no registration system and corresponding guarantee.Therefore, the author summarizes the theory of domestic and foreign ownership rights (parking garage), one hand takes legal residence (parking garage system, to make up for the Shared) in law and judicial interpretation agreed that seemingly fully respect the will to the essence of unfair defects, on the other hand Constructs innovative management mode of the parking garage ,entrust realty service enterprise to managee the shared parking garage (the maintenance of the owner's equity)by the owners' assembly or the owners' committee commissioned realty service enterprise, Finally puts forward the idea of the real estate registration system . Based on this idea, Paper is divided six parts and the main contents as follows:Introduction, introduces the origin, the research results of the research, thinking, research methods and frame structure;Chapter One, legal nature of residential garage in China, whether to belong to the ownership of building, part or the exclusive parts of the building or land form attached to add or from content;Chapter Two, analysis about types of residential garage in China;Chapter Three, disputes on the ownership of the Car Parking Zone;Chapter Four, compares , analyzes and summarizes the right to own garage legislation about continental law system and common law countries, explore similarities and differences, use for reference on the research and legislative authority of the ownership of the Car Parking Zone;Chapter Five, legislation status and defects about the ownership of the Car Parking Zone;Chapter Six, structure of the system on the ownership of the Car Parking Zone.