Residential Parking Space Ownership

With the continuous development of china’s national economy and residents’ income, more and more people have purchased automobiles. However, the supplement amount of urban land resource hasn’t yet increased correspondently, especially for the first-tier city, where the land resources are more scarcity. As the relative scarce resource, parking space of residential area is an evitable competing object and society concerns between developers and property owner and consequently causes more and more disputes such as Beijing, Shanghai and Nanjing, where arise disputes between the developer and property owner. Though Article74of Property Law established in2007has specified the issue, the provision is too principle and ambiguity with difficulty in practice. With the disunity of local laws and regulations, judgments in different courts correspondent not the same to judge the cases of residential area parking space ownership dispute. Therefore, it’s urgent to perfect laws in order to identify the ownership of residential area park space rights.Our academic community holds various theories in controversial with respect to the nature of residential area park space and ownership matter. All kinds of theory has its own reasons, but there are also some disadvantages, therefore, there failed to reach consensus yet recently in academic community. Prior to Property Law promulgated in2007, local judges judge cases mainly according to local laws and regulations while after Property Law promulgated, some areas promulgated new local laws and rules according to the former, but there still cannot reach an consensus in understanding and judge ownership disputes.On the basis of theory above and legal issues in practice, this dissert is divided into four chapters to analyses the ownership of residential area park space rights. Chapter1summarizes basic theory and the composition of condominium ownership from theoretical principle of residential area park space to establish theoretical foundation for the later analysis. Chapter2emphasizes analysis the ownership and controversy of residential area park space, and deepens the analysis on nature and ownership controversy of residential area park space with comment on ownership controversy. The dissert lists current kinds of park space types and the correspondent analysis, and specifies the residential area park space controversy on planning park space. For such type controversy, the dissert dissent from neither counting constructional dimension in commercial residential building public dimension nor counting constructional cost in real estate development cost or agreement between developer and owner to identify the ownership rights. On the contrary, as for planning park space, dissert insist the ownership of residential area park space should be directly ruled by all the owners.Through comparison research approach, Chapter3compares Common Law and Civil Law with respect to residential area park space rules and local rules domestically before or after Property Law promulgated in2007and comments. In Chapter4, the dissert suggests categorize regulations on residential area park space ownership by learning from Taiwan legislative mode or complete real estate registration system or identifies parties concerned expense allocation and profit ownership to perfect our Property Law legislation.