Research On The Owenership Of Parking Space And Garage In Residential Districts

As Chinese economy continues to develop, people's living standard increases so fast that the family car has become an important transport.At the sametime,the residents'demands for parking space and garage become stronger and stronger. Because our legilsation of parking space and garage was not perfect,there were not only many problems around the parking space and garage in reality,but also many debates in theoretical sector. The promulgation of " Property Law"(2007) and "The Judicial interpretation about co-ownership and condominium " (2009) provided a legal basis to resolve the related disputes,it also made the academic debates on the attribution of ownership temporarily come to an end . However, due to various reasons, our legilsation of the ownership of paking space and garage needs improved in the parts of registration, use and transfer. This paper combines with the practice of residential parking space and garage,assortts the ownership of parking space and garage,and explores the registration,forthputting and transfer of the ownership.This paper also advocats the relevant provisions in "Property Law" should be further improved .This paper is divided into three parts, neraly about 32000 words.The first part is the theoretical basis of the ownership of parking space and garage,such as the concept, characteristics and so on. In practice, there are not only motor vehicle parking space and garage,but also non-motor vehicle parking space and garage; The parking space and garage are not only set up in residential districts,but also set up in the business districts, this paper only discusses the residential parking space and garage for motor vehicles. The residential parking space and garage have two important features, one is that they are set up in the residential districts, the second is that they have physical and legal properties.This part also disceeses the theoretical basis of parking space and garage ownership—'Co-ownership and condominium'as well as legislations about parking space and garage in some countries and regions,layed a theoretical foundation for the further concrete.The second part discusses China's legislative status , progresses and shortcomings of the ownership of residential parking space and garage.Our legislation about the ownership of residential parking space and garage mainly focused on clause 74 in "Property Law" and clause 2,3 and 6 in the" Judicial interpretation about co-ownership and condominium" promulgated by the Supreme People's Court.The former, established the principle for attribution of the ownership of residential parking space and garage, and the later was a supplement and clarification. Prior to them, there were many problems in our legislation about the ownership of residential parking space and garage: First, the legal level was not high, most of them existed in the local laws and regulations or departmental regulations; Second, the laws were not uniform,there were even contraries in different laws. The promulgattion of "Property Law" and the relevant judicial interpretations established a attribution principle of the ownership of parking space and garage from the level of national legislation, played an important role. But there are still many shortcomings in the legislation about the ownership of residential parking space and garage,for example, the provisions of ownership exists omissions and so on.Part III is the improvement for the ownership legislation of residential parking space and garage.This part is for the shortcomings of ownership in the legislation referred in the second part.In the part of ownership attribution, the author proposes that the parking space and garage converted from the layer ventilation-floor should be shared by all owners; the solution of the parking space and garage which converted by state-owned air-defense facilities;in the part of ownership's empowerment,the author proposes to improve the registration system and forthputting system, to regulate transfer of ownership. The author also suggests that the owners committee should be strengthened. In addition, the author advocates the relevant provisions of "Property Law" should be further improved and enriched, in order to regulate the issue.This paper researches the specific ownership of attribution combined with the patterns of residential parking space and garage,used several methods,such as empirical analysis and comparative analysis.On that basis, this paper points out the problems, puts forward some measures to refine and improve the legislation. However, due to space limitations, there are many problems has not yet covered in this paper. It needs to be further improved.