Study On The Exclusive Right To Use Of The Parking Lot

The mass appearance of residential district is one of the signs of the socialdevelopment and the improvement of people’s living standards. Relatively, the growthof private cars goes further. While, owing to the low condition of the economicdevelopment in the past, we paid insufficient attention to the parking problem in theresidential district, thus, more and more conflicts between the parking lot increase,which is becoming one of the tough questions in the residential district.So far, the academia hasn’t reached a consensus and naturally the question can’tbe properly solved as a result of the short-time research on this matter. Therefore, inthis paper，the writer，on the basis of the existing domestic achievements and furtherresearch on the domestic and foreign relevant material，knows more about thecondominium theory and gets much clearer grasp on the definition and classificationof the common parts. Thus, in order to make the best use of it, realize and maintainthe rights of the owner, the construction of the exclusive right to use of the parking lotcan certainly relieve the tough parking lot problem in some extent. This paper, firstly,explains the basic theory of the exclusive right to use of the parking lot. Secondly, itanalyses the structure of the aforesaid right profoundly and comprehensively; itdetermines the subject of the right, and emphasizes the object,which is contained notonly in the statutory common parts，but also in the promissory common parts; inaddition, it defines the purview of the common parts of the right, and introduces theconstruction, modification, and extinction of the right. In the last, aiming at theexisting problems, it puts forward the counterpart measures.From analysis, in the writer’s opinion, the exclusive right to use of the parkinglot is based on the common part, but not every kind of parking lot can set theexclusive right of use, the residential district can set he exclusive right to use of theparking lot not until the parking lot has been established. In order to realize and maintain the owners’ such interests, the resolution of the owners’ congress mayinfringe upon the interests of a few other owners’ and the latter ones who will be theowner in the residential district, which is not solved by our legislation, therefore, thepaper suggests that the setting, ownership and the fair distribution of the interests ofthe exclusive right to use of the parking lot should be embodied in the owners’convention, including the remedies of the right.