Ownership Of The Residential District Garage Parking Spaces Study

In recent years, along with the economic development of our country, the national citizens'life level upgrades rapidly, and the quantity of private automobiles in cities increasingly goes up hereby. As the spot for people to park vehicles, parking plots'additional functions have become more and more important. However land resource's scarcity, the plot stops the difficult question to be day by day prominent, between the developer and the owner competes to the plot garage is more intense. The owner and the developer dispute are increasing. The Real Right Law of the PRC published, which has provided the legal basis for the plot garage question. But due to the deficiency of the Law, the implementation of the Real Right Law failed to settle all the disputes of the ownership of the car parking lots. Theorists of our country also have many kinds of theories at present and the argument has not been stopped, mainly about the owner of the developer, the owner of the community tenement and so on, various viewpoints are inexistence. Through the comparison of laws, regulations, and theories of this issue in US, Japan, Germany, and Taiwan (province of China), possible and practical law patterns are brought into our country to improve the related provisions in the law. Based on the above analysis, the practical and feasible method is according to the different kinds of parking plots its own characteristic to definite the ownership and perfecting the real property registry.