Conerning The Parking Places And Garages Community Ownership

Along with the rapid development of China’s economic reform and opening up, constantly improve people’s living standards, the car is becoming important means of transportation for people’s life, work and others. Therefore, the requirement for parking spaces and garage from residents of the residential quarters is also increasing. Previously, our laws on the residential area parking spaces, garage vesting legislation is very unsound, which causes dispute over the ownership of parking spaces, garage frequently. Meanwhile, there is a big debate on this problem from the theoretical community. In the making process of China’s "property rights law" there was also big controversy, and after several times of modification, it is finalized, including such as, the first provision of the section74"within the Building Division, the planned parking spaces and garage should meet the needs of the owners; the second provision "within the Building Division, it is via sale, rental or bonus conventions that the party can make an appointment for the attribution of the spaces and garage"; also the one "the interpretation of a number of issues over the specific application of the law about the disputes of ownership on the hearing condominium issued in2009. These provisions supply the legal basis to solve the parking garage disputes, and also resolve part of the debate from the theoretical community.However, China’s Property Law does not distinguish different types of parking spaces, garage. In this thesis, starting with the dispute on the attribution of parking spaces and garage, we will analyze different types of the spaces and garage, summarize the shortcomings of our present law, and propose relevant solutions to our legislation referred to the foreign legislation.The thesis is divided into four parts, including three thousand words. The first part mainly introduces the dispute of the attribution of parking garage, spaces in residential district; the second part presents the studies of the attribution of parking spaces and garage by comparative method; the third part analyzes the current law of country on parking spaces, garage in residential area; the fourth part is the proposal to solve the problem.The first part is about the main controversy of the attribution of garage, parking spaces. After distinguishing the type of parking spaces and garage, one kind of view is that the parking spaces in underground and the bottom of the aerial can become an object with exclusive rights. In order to have this class of parking spaces, other owners within the district have to obtain the ownership by the transferee. Another kind of view is that there is no master-slave relationship between the house and the parking space, i.e., parking space does not belong to the housing, so the transferring of ownership of housing does not mean the transferring of rights to owning and using the parking spaces. At the end, we introduce the major theories about the attribution of the parking spaces and garage, including theories of promise ascription, public area distribution, and cost of investment.The second part discusses the studies of the attribution of parking spaces and garage by comparative method comparison method:after introducing the legislations of Japan, the United States, Germany, France, and China’s Taiwan region, we propose the important inspiration for our legislation from these the foreign legislations.The third part analyzes the current law of country on parking spaces, garage in residential area. Through the introduction of the attribution of the parking spaces and garage, we point out the problems in our existing law. For example, the provision of the priority to meeting the needs of the owners is not so practice and well executed; the principle of promise ascription can not protect the benefit of the owners; the definition of the ownership of the parking spaces and garage is seriously missed, and so on.The fourth part is the proposal for the attribution of the parking spaces, garage. According to the shortcomings of our present law analyzed in the third part, we put forward several corresponding suggestions on how to improve our legislation.In this thesis, we use research methods of empirical analysis, comparative analysis to study the controversy of the attribution of the parking spaces and garage. Moreover, we distinguish the four different types of parking spaces and garage, and make comprehensive and in-depth analyze of the ownership legislation, and propose improvement. We also give theoretical support to solving real-world conflicts.