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Research On The Rights Of Motor Stop Place In Housing District In China

Posted on:2011-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y SunFull Text:PDF
GTID:2166360305976869Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, people's living standard has increased rapidly with the economic development of our country. The number of private cars in cities increasingly goes up hereby. The growth of parking lots cannot catch up with that of the private cars. The relationship between supply and demand of city parking lots is contradictory, which results in the frequent emergence of law suit about the right of parking lots in many places in our country.The ownership of parking lot is central among various conflicts and contradictions.The unclear ownership of parking lot leads to lots of problems in the related issues. Conflicts often arise among the real estate investor, the estate manager and the resident in the buying, selling,renting,using of the parking lot. Even after the publication of Property Law, the right of the parking lot is still controversial. For this reason, the paper analyses the right of the parking lot by categorizing different kinds of situations, which consists of five parts.Part I is the general idea of the parking lot, giving a definition and offering the property of the parking lot, which serve as theoretical prerequisites of the analysis of the right of the parking lot. The parking lot is a unit which can provide room for only one car. The parking lot, belonging to real estate, was a kind of independent object in legal relations. The paking lot will be categorized according to its formation of exsistence, which is going to be expounded in this part.Part II puts forward several problems based on the interpretation of Number 74 in Property Right Law. Analysing and comparing regulations of some representative cities, We conclude that the confusion about the right of the parking lot has been rooted in imperfection of the real estate right law in our country. The main problem is that central law cannot cover the local regulations.Part III analyses the right of the parking lot, starting with previous reviews on the right of the parking lot and ending with categorizing the parking lot into several types based on the formation of existence, such as ground parking lot, underground parking lot, the parking lot of the first floor , ect..Part IV offers some useful suggestions by illustrating legislative regulations and judicial practice in Japan, the US, Germany, and France, as well as Taiwan and Macao of China. The mode of the right of the parking lot is not unique and it can vary under different circumstances.The last part proposes some suggestions on the conciliation and regulation of the right of the parking lot. On the one hand, the unclear and infeasible regulations should be perfected, on the other hand the property of the real estate ought to be protected in accordance with the situation of our country and the features of the real estate...
Keywords/Search Tags:residential area, parking lot, ownership rights
PDF Full Text Request
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