Analysis The Law Problem Of Huiteng District Parking Lot Ownership Disoutes

In recent years, as people living standard rise ceaselessly, the ordinary city residents of residential facilities level requirements are increasingly high, especially with the private purchase of cars the surge," Parking " has become a common phenomenon Hyundai Residence area. However, in the" property law" promulgated before, China’s commercial housing estate within the garage, parking management authority and other problems associated with lack of clear legal provisions. In recent years, the owners and developers, property company and owner of the garage, because ownership of parking spaces and other issues related to the legal disputes is rising year by year. Due to the lack of relevant laws and regulations and the unified standard, some found in the media has been reported many times. Although in the " property law " seventy-fourth article, the first residential garage, parking management authority conducted, but this principle provision, to the judicial practice and the actual operation has brought a lot of understanding and application problems and dilemmas.The author tries to plaintiff Phaeton Lanzhou District Committee of owners sued the defendants patriotic Gansu Properties Limited property management disputes case on the basis of the analysis, closely around the area of the ownership of parking spaces author, the first part is a brief overview of the case, the second part of the first case in the controversial focus for analysis, to property developers. Violations of owners of residential parking space ownership act of tort and its invalid format for the contract legal identification, and then focuses on the analysis of China’s residential parking situation, through to our country " property law " on residential parking regulations to carry on the analysis, pointed out its shortcomings and defects. The third part is the further analysis of residential parking spaces for the laws of nature, and focuses on community parking laws that rule, and from abroad to parking attribution similar legislation on the basis of analyzing and summarizing the domestic academic circles, the main point of view, and from the aspect of legislation, to our country of parking lots, configuration, mode of legislation registration information put forward their views and opinions. Then put forward the legislative suggestion.