Theory Of Commercial Housing Residential Underground Garage, Parking Right Ownership

China’s rapid economic development, so that the people’s living standards gradually improved, and a large number of cars into ordinary families. However, the popularity of cars combined with limited floor space in the residential real estate, a direct result of the occurrence of the parking is difficult phenomenon. Housing, Planning agencies have had to let developers take advantage of the underground space, the construction of the underground garage parking spaces to ease the difficult problem of parking. But it appears the reality of disputes such as developers bid up the underground garage, the price of parking spaces, developers sell underground air raid shelters garage, parking spaces, and housing registration department refuses to register the underground garage parking spaces. Practical contradictions caused by the generation of these disputes, increasing both the number of cars and the limited land resources, but also the legal norms are not a sound the rights vesting unknown reasons. Implemented from October1,2007,"Property Law" on the ground garage, parking spaces right of ownership to make the regulations, but did not expressly provided for underground garage parking spaces. After that, the Supreme People’s Court announced on March23,2009,"the judicial interpretation of condominium ownership cases, but for the underground garage, parking rights vesting is still no clear answer. The face of so much controversy and dispute, only to be addressed as soon as possible from the theoretical and legal level, to make residential real estate underground garage parking spaces rights clear attribution, social conflicts can be solved to realize Mediating contention.The text is divided into five parts,besides the introduction.Part Ⅰ:First real estate residential district underground garage parking spaces defined in the underground garage, parking is provided in the buildings of distinction between ownership situation, underground parking of motor vehicles for the purpose-built buildings. Whether the point of view of the civil air defense projects from underground space underground garage parking spaces are divided into underground non-civil air defense garage parking spaces and underground civil air defense garages. After the analysis of the main building of the underground garage, parking spaces from matter, and should be independent of the reasons, and certainly ownership of the underground garage, parking rights vested the theoretical basis for analysis of the underground garage, parking spaces ownership of rights condominium ownership theory.Part Ⅱ:Analysis from the five aspects of land use rights, construction planning, construction costs, the area of sharing and building floor area ratio judgments based on a real estate residential district underground garage parking spaces rights vested, select from the underground garage area suitable for residential real estate in China, the parking rights attributable judgment based on to clarify the underground garage parking spaces right of ownership laid the foundation.Part Ⅲ:Two different types of real estate residential district underground garage parking spaces underground non-civil air defense garage parking spaces should belong to the exclusive part of the ownership of the condominium parking spaces in the calculation of gross floor area ratio, by the owners of proprietary enjoy; not included in the floor area ratio of parking spaces belonging to condominium ownership in the common part shared by the owners; underground air raid garage, parking spaces belonging to condominium ownership total view shared by the owners.Part Ⅳ:The rights vested mode of domestic and international real estate residential district underground garage parking spaces are divided into three different types, namely Germany, Japan, the underground garage parking spaces ownership for owners of proprietary models, underground garage parking spaces for owners Total mode, Taiwan, China is the owners proprietary Total combined mode with the owners. By comparing the ownership division of China’s real estate residential district underground garage parking spaces that draw on the Taiwan model more in line with China’s reality.Part Ⅴ:China’s Property Law and relevant judicial interpretation in the law of real estate residential district underground garage parking spaces comment on proposed developer of the underground garage, parking proprietary part of the punishment should regulate the establishment of the underground garage, parking spaces shared part of the exclusive right to use, as well as the establishment of underground garage parking spaces ownership registration system improvement recommendations.