The Ownership Of Community Garage, Parking Spaces

This article is based on the researches of ownership on Garage and parkingspaces in the aspect of Civil Law, and is divided into three parts.Part I, realistic problems and related legal loopholes on the ownership of garageand parking spaces. Property Law stats the regulations regarding the issues ofownership of community garage and parking spaces, it also provides a legal basis ondispute of community garage and parking spaces; however, due to that Property Lawof our country over-emphasize on principle rules of the ownership of communitygarage and parking spaces, which lacks of practical maneuverability, and theimperfectness of the legal system and laws of our country, the courts encounter manydifficulties in resolving issues related to this aspect. In this part, findings on realisticissues on the ownership of community garage and parking spaces through associatedcase analysis can be concluded as followings: whether it is legal for developers toresell the garage and parking spaces to owners who have purchased them already;whether it fulfills the regulations of "satisfy the needs of owners in the first place" byselling multiple garage and parking spaces by one time to the same person; whetherunderground garage belongs to the category of "other area" that all owners share, andetc,. According to these realistic problems on community garage and parking spaces,issues and legal loopholes on article74of Property Law are present during actualpractice. In this way, discussions on issues of this topic are developed.Part II, analysis of academic viewpoints on ownership of community garage andparking spaces, as well as references of related legislative experiences from all othercountries are demonstrated in this part to provide legislative experiences for researchon ownership of community garage and parking spaces of our country. Currently, noacademic agreement on the issues of ownership of community garage and parkingspaces is made in our country. By comparisons and analysis of the above threeviewpoints, by thorough discussions on ownership of community garage and parking spaces in our country, and by basing on comparative analysis on related rules ofownership of community garage and parking spaces in the United States, Germany,France, Japan, and Taiwan region of China, commons and differences are investigated.Comparisons demonstrated that both Anglo-American Legal System such as theUnited States and Continental Legal System such as Germany and Japan resolveissues on ownership of community garage and parking spaces on the basis of theirdevelopment of history, establishmentarian and customs, and they use theory ofcondominium ownership to constitute legislation regarding issues of ownership ofcommunity garage and parking spaces. Therefore, these conditions should also beconsidered in discussion of issues on the ownership of community garage and parkingspaces in order to give direction for researches without study and referenceunquestioningPart III, suggestions on issues of ownership of community garage and parkingspaces. Analysis of issues of ownership of community garage and parking spacesbased on different theories are mentioned in the second part. It is believed that astandard of ownership of community garage and parking spaces should be specified inorder to clarify the ownership and to better solve the issues. Based on the abovestandard, article74in Property Law should be improved. First, the owners' priorityshould include both the priority of purchasing and the priority of lend-lease. Second,clarify the regulations of "should first satisfy the needs of owners". In Property Law,"satisfy at first place" should not be understood as unconditional, unlimitedsatisfaction, nor be understood as priority to the purchase and sale, under the samecondition. Last, issues on "other area" should be also understood as common landarea owned by all owners of community, which include construction base, andcommon lands other than construction base. The owners are at disadvantagecompared to developers in social position, thus, improvements in detail of the rulesare required to achieve the rights of owners in the community, for example, improveregulations on condominium ownership, publication of real estate information,registration of community garage and parking spaces, as well as apply state power to control, to maintain justice and right of trades,so that ensuring the healthy andordered growth of real estate market.