On The Right Of Ownership Of Parking Spaces And Garages In The Community

With the development of urbanization and the increase of the urban population in China, the scarcity of land is becoming more and more distinct, hence, high-rise constructions are extending to the air constantly. High-density housing estates, which are multifunctional and are diversified in multitudes, have substituted for traditional dwelling structures. As often as not there are multitudinous dwellers in one building of a housing estate, which leads to a complex legal nexus: the owners' rights to use, possess, usufruct and dispose the sharing building; their rights to use and usufruct the public space; their rights to properly use and repair the sharing parts of the buildings. These rights and obligations, which exist in the interrelation between ownership holders or between a ownership holder and a natural man, realistically induce the distinctive proprietary over the building. Since the theoretical research of the distinctive proprietary has gained much development in China, it enables us to get the point of departure for our study about the ownership of parking spaces in housing estates.In our country, there has been much controversy among theorists over the ownership of parking spaces in housing estates. Every theory has its advantages and disadvantages from their various angles of vision.They, therefore, still have not reach a consensus. The ownership of parking spaces in housing estates is defined in its chapter 6 by the Chinese Property Law, which was enacted on October First, 2007. And the provision has provided a specific legal basis for the dissolution of dispute about the ownership of parking spaces in housing estates and is generally accepted by theorists in this field. However, as the social relation and the legal nexus in housing estates are becoming more and more complicated, the existing rules and laws have not been able to dissolute some realistic disputes and necessarily need to be perfected.There are five chapters in this thesis. The fist chapter starts with the superordinate concept of the ownership of parking spaces in housing estates, which is the relevant knowledge to the ownership of the distinctive proprietary over buildings. And then this chapter analyses the ownership of the distinctive proprietary over buildings and afterwards discusses the legal attribute and the basis for estimation of the parking spaces in housing estates and, thereout, comes to a conclusion that the ownership of parking spaces in housing estates is not the necessity of the ownership of the distinctive proprietary over buildings. The second chapter analyses the reasons protecting the interests of ownership holders and at the same time giving attentions to the interests of development firms. The third chapter summed up the basis for judging ownerships of parking spaces in housing estates. The forth chapter investigates how to identify ownerships of parking spaces in housing estates from the point of view of the non-ownership holders who is the most relevant third party. Last of all, the fifth chapter cogitates upon the article 74 of the Chinese Property Law and its relevant jurisdictional interpretation and seeks for practical solutions to solving disputes about ownerships of parking spaces in housing estates.