Judicial Analysis And Study On Parking Spaces In Urban Residential Districts

With the development of economy and society, we have entered the era of home-cars. The disputes of parking spaces in urban residential districts have emerged. reflects the progress of legislative, but the provisions of this problem is still unreasonable, so this needs the scholars carry on more thorough research continuously, and provides the lawmaking the basic theories. This text is exactly writing under this background, hoping to solve some issues of parking spaces' ownership, use and transfer, providing some suggestions to the lawmaking.In this paper, using the research methods of combination of theory and practice, applying the methods of type and comparison, research on parking spaces in urban residential districts. From the practical and theoretical aspects, this text firstly introduce the parking spaces' meaning, category and the relationship of parking spaces and condominium ownership, and the condominium ownership theory is the basis to solve issues of parking spaces' ownership, use and transfer. On the basis of this theory, parking spaces can be divided into exclusive and owned by all. The classification is the prerequisite to decide the ownership of parking spaces. Parking spaces in residential districts include: ground parking spaces, parking floor, first floor parking spaces and underground parking spaces. The ownership of them should be decided as to their special character. Then this paper discusses the issues of sale, use, transfer of the parking spaces. The real-estate developer can only sell the parking spaces that could be owned exclusively, and can only sell them to the residents in the residential districts. The residents should use the parking spaces under the principle of "for the convenience of daily life, for the justice and fairness". The parking spaces can be transferred, mortgaged and so on, but only can be transferred to the residents living in the same residential district. Finally, this text analyses provisions of parking spaces in . In order to better solving the questions of parking spaces in urban residential districts, this paper put forward legislative proposals to calm down the disputes between the real-estate developer and the residents.