The Legislative Improvement Into The Ownership Issues Of Residential Parking Spaces And Garage

In recent years, with the quantity of the private cars increases gradually, the people’s attention sustains rapid growth to the residential parking spaces and garage and the residential parking spaces and garage play an important role in the daily life. However, the real estate developers and the owners have been debated who should have the ownership of residential parking spaces and garage, there are different viewpoint in the field of theory and practice. Although it a legal basis for the residential parking spaces and garage, the Property Law issued in2007still couldn’t solve the existing problems in reality because of the regulation too abstract and loss operational rules. Therefore, the problem of the ownership issues of the residential parking spaces and garage are still widespread concerned in the community.The article is divided into four parts.The first part is the primary theory about the ownership of the residential parking spaces and garage. This part the basic concept of a residential area parking spaces and garage is not only expounded, the theories on the ownership of the residential parking spaces and garage are but also discussed such as the doctrine of possession by all owners, the doctrine of possession by the real estate developers, the doctrine of appointing the possession in this part. It also points out the existing problems of the three theories, and analyzes its nature briefly by utilizing the basic theory on the residential parking spaces and garage.The second part will introduce the enactment of legislation on the ownership issues of the residential parking spaces and garage in the foreign countries. That part describes in detail the legislation of Canada, the United States, Germany, France, Japan, and China’s Taiwan for the ownership issues of the residential parking spaces and garage through two large angles of the common law systems and the civil law systems. At the same time, combining with t the enactment of legislation on the ownership issues of the residential parking spaces and garage in the foreign countries, this article puts forward some good ideas about the legislation on the ownership issues of the residential parking spaces and garage.The third part will discuss the legislative situation about the ownership of the residential parking spaces and garage in our country. Before the Property Law was published, it mainly introduces the rules that three cities of Beijing, Shanghai, Nanjing have been set, and that the74th item of the Property Law expounds, and analyses the problems in the provision by sections. After the Property Law was published, the Shenzhen Municipality as a typical city introduces and evaluates the rules of the ownership of the residential parking spaces and garage.The fourth part is the legislative improvement on the ownership issues of the residential parking spaces and garage. This article is established the legislative pattern that the residential parking spaces should be owned by the owners, the residential garage should be owned by the real estate developers, and respects and protects to the original acquirement of the residential garage of the real estate developers. Meanwhile, this article analyses and refines the74th item of the Property Law that is the words "meeting the owners’requirement firstly"In addition, the writer hopes that we should take a series of measures such as unifying the registration authorities, combining the land-used right license and the real estate license, increasing the registration of advanced sale and registering the underground garage that has the nature of non-civil defense in order to verify these rights. The writer also hopes that we should improve the current registration system of our country continuously so that that would be clarified further the ownership issues of the residential parking spaces and garage.