Study On The Ownership Of Residential Area

With the fast growing of Chinese economic and the fast urbanization progress,people’s living standard is increasing rapidly and the number of private cars isincreasing accordingly. Parking area and garage within building area becomes rarematerial under this circumstance. Property developers, proprietor and other relatedparties are striving for this rare material. Dispute arising from parking area and garageis getting more and more. In the meantime, there is no legislation on this issue. Beforethe Property Law of PRC is issued, only some cities issued few regulations to requestbuilding parking area and garage within building area compulsively, these regulationsmainly concern parking area and garage within building area number and usage.However, there is no law or regulation concerning ownership of parking area andgarage within building area in each legislation level. On March16,2007, PropertyLaw of PRC is issued. This law makes the first legislation attempt on the propertybelonging of parking area and garage within building area in article74. This positivearticle setup a standard for identifying property of parking area and garage.Nevertheless, this article is too board and unclear, most complicated disputes can notbe readily solved. It’s also bring new confuse to judicial circle. Based on the view ofproperty limitation, this article analyse the legislation defect of Article74of PropertyLaw of PRC and bring up some legislation and judicial proposals of parking area andgarage within building area.There are four parts in this article. The first part describes the destination andthree characters of parking area and garage within building area which differ fromother parking area and garage, ie. Compulsively constructive, It depends on each otherwith exclusive part of partitioned ownership within the building area and equippedwith some functions of supporting facility.The second part describes the legislation situation of parking area and garagewithin building area. Before the issue of Property Law, no legislation concerningproperty of parking area and garage within building area, article74of Property Law isthe first legislation attempt. This part makes interpretation for article74.The third part analyses article74is too board and unclear, and conclude thatjudging stage appear different judgment in same cases because of inaccurateapplication of article74. it also point out the judicial confuse: execution stage cannot“satisfying owner’s request firstly”.Based on the foregoing analyses of legislation defect, the last part indicates thatreasonable limitation shall be prescribed in legislation or judicial interpretationagainst action of providing parking area and garage within building area by propertydeveloper, ie. identifying common-own parking area and garage within building area;setting up “satisfy owner’s request firstly” system; formulating the usage of thoseparking area and garage which is not confirmed property belong. We hope to balancethe interest between owner and property developer, realize maximizing public socialinterest and construct a harmony and sustainable development society via these threeaspects.