Research On Parking Space Ownership Under Condominium System

In China, disputes on ownership of parking space have confused both academic area and practical area for a long period of time. A new method needs to be created for the solution of such disputes. In past years, most of countries in the world have adopted the condominium ownership system as the framework for the solution of disputes on parking space ownership, which can also be applied in China. This thesis summarizes traditional knowledge on parking space ownership, introduces general theories on condominium ownership, studies the legislation of parking space ownership under the theory of condominium ownership on a comparative method, and finally brings forward some suggestions on the construction of parking space ownership system in the PRC. The whole thesis is composed of the following six parts:(i) Introduction: introduces reasons for the research under this thesis, the research thinking, the study mentality utilized in the research, and the framework of this thesis. The existence of many disputes over parking space ownership pushes people in the legislative and judicial fields to seek solutions for such disputes. Moreover, systematic academic research is the premise and basis for the creation of such solutions. (ii) Chapter One: describes traditional knowledge, including the relationship between houses and garage, as well as the relationship between classification of parking lots and studies on ownership. Since either the theory of principal thing and accessory thing or the classification of parking space is not sufficient enough to solve disputes on parking space ownership, we have to looking for new method.(iii) Chapter Two (the condominium system and parking space ownership): analyzes the likelihood of parking space constituting specific part, common part, contractual common part or contractual specific part of the property by introducing general theories on the condominium ownership. Parking space may become the specific part, common part or contractual specific part of the property. What matters is the procedures for defining and announcing it as the specific part, common part or contractual specific part of the property.(iv) Chapter Three (comparative studies on legislations of different countries and regions, including US, Germany, Taiwan, and Canada) : 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 seeked. 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, customs 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): introduces and analyzes the current laws and regulation on parking space ownership, and then brings forward some suggestions on the construction of the parking space ownership system in the PRC. The PRC Property Law has initiated to solve disputes on parking space ownership by adoption of the condominium ownership system. However, a more systematic regulation on such problems is still subject to the perfection of the legislation on condominium ownership system.(vi) Other conclusions (the necessity of research on condominium ownership system in the field of economic law): the condominium ownership system is a kind of ownership system. Since economic law internally contains a knowledge system which facilitates the research on condominium ownership system, economic law is obliged to pay attention to the relevant civil law legislation and prevent unnecessary interruption by the government.