Judicial Analysis And Study On Parking Lots In Residential Districts

With the development of economy and the society, we have entered the era of home-cars. The disputes of parking lots in residential districts have emerged. The settlement of these problems calls for a legal explanation.Parking lot in residential districts is one kind of objects of legal relationship-things (or part of things). At the same time, it is a kind of real estate. More precisely, it is not ground itself but construction or the fixed things on ground. Under our law system, parking lots in residential districts could base on land ownership,the right to use national land,the right of rural housing land,pawning right,right of land-leasing etc.Condominium Ownership theory is the base to decide the ownership of parking lots in residential districts. To decide the ownership of parking lots is to decide whether it can be objects of Sondereigentum. In France,Germany,Japan and Chinese Taiwan it can be, but in USA not. Some only can be objects of Gemeinschaftliches Eigentum, such as lined parking lots alongside road and can't be changed by contract. Others can (not must) be objects of Sondereigentum.The classification is the prerequisite to decide the ownership of parking lots. Parking lots in residential districts include: lined parking lots alongside the road,ground parking lots and so on. The ownship of them should be decided as to their special character.The real-estate developer can only sell the parking lots that could be owned exclusively, and can only sell them to the residents in the residential districts. Generally, one resident can buy only one parking lot. The residents should use the parking lots under the principle of"for the convenience of daily life, for the justice and fairness". As a real estate, the parking lots can be transferred, mortgaged and so on, but only can be transferred to the residents living in the same residential district. Moreover, the parking lots can be registered as real estate, and it is more rational and economical to register it together with the apartment units.