Legal Research On Residential Parking

The parking stall in condominium institution is the significant installation serving to condominium ownership of all proprietors. The legal system of parking stall should be designed upon consideration of interest demand of parties concerned, as well as trends of economic and social development in the future. Otherwise, a series of problems will arise from it, such as short supply of the parking pace in residential area, skyrocket in prices, difficulties in residential management or negative impacts on public order of the residential area, which will cause inconvenience to daily life of the proprietors, affecting the quality of life.Therefore, it is a priority setting up a balance system dealing with interests of the Developer, proprietors and the Property Service Company. In China, on the premise of the principle of encouraging development, principle of state's proper intervention and principle of favor to the weak, legal research on parking stall in the residential area is looking forward to provide references to construction, registration and circulation of the parking stall. Apart from the introduction, this dissertation is composed of five parts.The first part, based on the analysis of the concept and composition of the condominium ownership, the legal nature of the parking stall and its ownership, suggests that rights on the residential parking stall shall act as a part of condominium ownership. Accordingly, it is crucial to ensure the ownership there when concerning legal system of residential parking stall to be built, and then leads to the discussions on classification of the parking stall, whether to have the Developer assume an obligation to build parking space, the registration and circulation on parking stall etc.The second part is to discuss the classification of the parking stall. It proposes that parking stall should be classified so as to practice classification mechanism and the experience of local legislation in Taiwan can be introduced for reference to systematize the parking stalls into three types, which are vested parking stall, self-added parking stall and parking stall for public utility.The third part focuses on whether to have the Developer assume the obligation to build parking stall, advocating that the Developer shall assume the obligation to build parking stall. Simultaneously, when concerning number of the parking stall to be built, it can draft that one parking stall is reserved to one unit on the purpose to ensure the Developer's construction obligation.The fourth part analyses the registration issue of parking stall, advising that: the registration system should be improved so as to identify the ownership. Firstly, it shall be clearly recorded the classification of the parking stall built; Secondly, different certificates should be issued to corresponding party stalls; Thirdly, it shall be clearly recorded the parking stalls for public utilities.The fifth part centers on the circulation of the parking stall, encouraging that on the premise of classification into vested parking stall, self-added parking stall and public utility parking stall, it should stipulate that the vested parking stall shall not circulate to the third person but between proprietors; the self-added parking stall can be circulated while the parking stall for public utilities is not allowed to circulate nor occupied by any other vehicles. Further, it comes natural to stipulate that owners shall be issued ownership certificates while circulation is based on registration.