On The Ownership Of Housing Districts Parking Area In The Property Law

With the improvement of the management and the increase of private cars in the parking district,parking the cars has become a pressing practical problems. Parking Area in the settlement of the issue, has promulgated the "property rights" and made corresponding regulations, but fall far short of real life in all kinds of complicated situations. In practice be resolved is the ownership of parking spaces, but in view of parking spaces in the underground garage area and there were greater differences, the attribution of the garage area needs attention.Community garage to solve the basic problems of attribution of the garage area to understand the basic attributes. Understanding of the basic attributes, we must first clear distinction between the concept of building ownership. Buildings distinction between ownership, a total of distinction and of accurate understanding of the garage area will be clear qualitative orientation, thus in theory, the basis for finding a solution. Community ownership of the garage solution to the various interests involved. Community ownership of the garage is not a purely commercial relationship, but it also involves the relationship between investment and benefit from. In addition, in determining the ownership of the garage area also need to take into account, the attribution of the garage area is not related to the interests of owners, and also on the national and public interestsDetermine the ownership of the garage area, we must base ourselves on China's national conditions, we should also learn from other countries and regions of legislative experience. From the USA and USA peremptory norms of legislation that the Japanese house outside the Legislative Council said that the legal obligations that France and China's Taiwan region in the study of Comparative Law, can help many, although national and regional legislation varied, but the same can be to our country To solve this problem very good inspiration. Of course, not only from other countries in legislation we can get inspiration from China's "property rights" of the law, should draw inspiration. China's "property rights" Article 70 of the buildings that the important distinction between ownership status, Article 72 is clear that the owners of the parking area the enjoyment of the rights and obligations. "Property Law" in Article 74, is the first to meet the needs of owners and other places, and so on to make an accurate understanding of the concept. this is more to make light of the realities of the situation.Combination of the above analysis, the attribution of the legislative district garage sound advice. Garage area identified for the construction of distinction in the total of identified with the garage area of the main building and from the relationship of determine the ownership of the garage area to determine their interests involved. Weight and the interests of owners and developers should pay attention to the public interest. Another is to choose a mandatory standard to determine the ownership of the garage area. The ownership of the garage area, in general, there are three perspectives. Namely: the garage area to the developers of all, the State garage area, to the owners of all the garage area. Each has its own view some truth, but there are also theoretical and operational deficiencies.To resolve the ownership of the garage area, first of all, based on the garage area involves national and social and public interests, the law must make provisions of the relevant issues. Second, the effectiveness of the agreement recognized by law, the law must also have a more detailed provisions. This represents, the law should make clear the main provisions of the agreement, the timing and modalities. Based on the garage area involves national and social and public interests, the law must make provisions of the relevant issues. The law should clearly defined ownership of the garage by the developers and owners agreed to establish. This should be in the complex reality of the situation in the garage area to resolve the ownership of the best option. Because the agreement itself is highly sexual, and the more difficult judgement. If the law is not clear criteria, it is easy to be find the way to avoid it, against the interests of the owners or developers. The law also needs clearly defined, in the absence of agreement or agreement of unknown circumstances, the attribution of the garage area in how to determine. "Property Law" Although the construction division, planning for car parking spaces, garage ownership by the parties through the sale, lease or agreement comes with such means. However, the existing real estate laws and regulations, including the underground car parking, the right to use the underground space, underground buildings to register the lack of legal basis. In this regard need to improve the law.Finally, the law also needs clearly defined, in the absence of agreement or agreement of unknown circumstances, the attribution of the garage area in how to determine. Generally speaking, in such cases, the developers should be recognized as the owners of the total area of the garage. "Property Law" Although the construction division, planning for car parking spaces, garage ownership by the parties through the sale, lease or agreement comes with such means. However, the existing real estate laws and regulations, including the underground car park (it), the right to use the underground space, underground buildings to register the lack of legal basis. So we must improve the garage area of property rights registration system.