Judicial Study On Parking Lots Ownership In Districts

Along with our country economic development, the private car retains the volumerises ceaselessly. The district parking problem also is highlighted increasingly comeout. In actual life, because the parking lot and the status of legal disputes emerge in anendless stream. Application of case analysis, economics analysis, comparative analysis,historical analysis and other methods, through domestic and international communityownership of parking space in the current situation and legislative comparison analysis,according to the real right law of our country in existence is insufficient, put forwardsome suggestions.The paper firstly defines the meaning of parking lots, and the reality of thevarious parking made detailed classification. Residential parking spaces in its legalproperty belonging to the object, is the object of legal relations, belong to theattachment in the land and housing similar to the real estate. Under the current Chineselegal system, parking lots can be based on land ownership, state-owned land use right,land use right, land leasing pawning right and right to exist.Talking property law as nodes, to our country community ownership of parkingspace in the history and status of comparative analysis. Property law promulgatedbefore, on the district parking lot ownership regulations exist only in the locallegislation, in the scientific, rigorous lack. Real right law after promulgating, the74rules for us to solve the parking space ownership disputes provided legal basis, but theprovision itself has yet to be perfect. Subsequently the judicial interpretation issued afurther revision and improvement of space.Based on the distinction between ownership of the buildings and parking lots ofthe type of the premise, put forward to solve the parking space ownership dispute,theoretical models, one is an exclusive right for the foundation, the district parkingindependent property rights, two is a common right angle, distinguish and treat. Andon this basis, discussed all kinds of the ownership of parking spaces in. Villageparking space, as an important property rights, only real exercise to turn materialresources to good account. Therefore, study on parking lots to obtain, use, transfer,mortgage and other issues are also discussed.The last part of this paper focuses on the residential parking lot ownership perfectsuggestion. According to the law article seventy-fourth legislation defects, the articlethinks that the parking lots in the sale or rental, should give the owner a reasonablelimit, to meet the reasonable needs of owners of residential parking spaces, can theremaining parking area outside the main rental use orientation; owners and developersshould have the ownership of parking space in a written contract in the form of thepurchase agreement, and use the express waiver method to solve the reserved parking problem; suggested using" conform to the legal provisions, pay the leasing of landused for parking building area" to replace" the construction division" vague definition;statutory total and incremental proper combination of parking lots right mechanism; atthe same time to improve the real estate property rights registration system; propertyoperation mode change, give full play to the function of the owners of the committee.Thesis on small parking lot ownership suggestions put forward, with a view to betterprotect the legitimate rights and interests of the broad masses of the people.