Garage Right To The Ownership Of Research

The ownership of garage attached to residence block is a very sensitive and also a public concerned issue at present. In China,with the increasing numbers of family owned cars, difficulty for car parking at a residence block has intensively created the disputes between the individual residents and the real estate developers on the ownership of garages.There are some regulations about the ownership of garage in the Property Rights Law put in force in October 1,2007,but the problems haven't been solved,as scholars havn't come to consensus abuout the ownership of garage and the problem about garages has been complex.To solve this problem,first,the main views on the ownership of garages are reviewed;second,the legal nature of garages is studied based on the theory of the condominium ownership;last,several pieces of advice are stated.The analytic method and comparative method are mainly adopted in this paper.The paper is composed of four sections.The first section is a bout the brief introduction of garages.The meaning of garages in this paper is same as that of the Property Rights Law.Underground garages are mainly studied in this paper There are three kinds of garages:quota garages,additional garages and garages reformed from project against air raid.In second section,the main views on the ownership of garages are specialized.Some scholars advocate that garages should be owned by the individual residents,as they think that garages don't have its share of the land use rights,which is wrong in fact however.Some scholars advocate that garages should be owned by the individual residents if the cost of garages has been afforded by the individual residents,but it is difficulty to prove it.As if the cost of garages has been afforded by the individual residents,the problem was still not so simple.Some scholars advocate that the individual residents should agree with the real estate developers on the ownership of garages.In fact,the individual residents are not in the equal position with the individual residents.Some scholars advocate that garages have been given independment from other estate in the residence block and should be owned by he real estate developers.Some scholars advocate that garages should be owned by the government so as to ptotect our country from air raid.From the viewpoint of author,scholars do not try to solve the problem according to the building's condominium ownership,and the problem has been complex.At the same time,the cost of garages is of great importance to judge the the ownership of garages.The third section elaborates the legal nature of garages. Disputes exists in the ownership of garages in other countries and Taiwan in China,where no uniformed understanding and practice on the issue.But the definition of legal nature of garages is important to the ownership of garages.At present, domestic scholars don't have a definite view about the legal nature of garages.Some scholars consider that garages are indpendant from other buildings in residence blocks,owners of garages have their rights to use the underground space instead of land use rights.In my opinion,garages can be regarded as the exclusive part.In the forth section,solutions to the problem of the ownership of garages will be specialized.To solve this problem, we should resort not only to legal nature of garages,but also to the present law system.Firstly,legal garages should be introduced,which are jointly owned by all proprietors. Secondly,the other garages should be defined as exclusive part, meanwhile,the price should be controlled.Thirdly,all garages should be registered in order to avoid disputes in the circulation of garages.Last but not least,the legal status of proprietors' committee s hould be clarified,by which the legitimate right of proprietors could be protected.