Research On Ownership Of Parking Space In Residential Area

In the context of increasing living standard and rapid industrial development, thenumber of private car is increasing significantly, as a result, there is a higher requeston parking of private cars in space, and much more attention should be paid to theseries of issues arising from it, especially the ownership disputes. From theperspective of legislative and judicial interpretation in China, there are correspondinglegal provisions and judicial interpretation concerning the ownership identification ofparking space in residential area, however, since the legal provisions and judicialinterpretation are still a bit general and abstract and the registration system of parkingspace in residential area is inadequate, the methods used in different places in practiceare of a wide variety. The ownership issue of parking space in residential area isstudied in this thesis and the writing ideas are as follow.Part1, starting from the property of parking space in residential area, concretecontent of the property of parking space in residential area is introduced in this thesis.On this basis, through the review of domestic related theories concerning ownershipof parking space in residential area, the awareness of ownership of parking space inresidential area is combing in theory. Then, several major ownership identificationstandards are analyzed to lay a foundation for better solutions to ownership issues ofparking space in residential area later.Part2, the current situation of legislation and judicial interpretation concerningownership of parking space in residential area home and abroad are reviewed andanalyzed so as to draw inspiration for the disputes resolution of ownership of parkingspace in our country. For example, the practice of legislative classification on parkingspace in Taiwan is used for reference to enlighten the mainland to improve ownershipsystem of parking space.Part3, based on the review and analysis above, the general principle and specificrules of solving ownership issues of parking space in residential area are concluded.For example, in general principle, it is believed that the ownership identification of parking space in residential area should follow the principle of legality and the ownerof parking space in residential area should follow principle of engagement whendealing with the powers and functions of ownership with counterpart. As for thesummary of related specific rules, some ownership identification principles are putforward with focus on several most common types of parking space in order todiscuss related issues with concrete analysis of concrete problems.Part4, the last part is about the ownership identification of parking space inresidential area, problems in practice and solutions. The purpose is to review andanalyze hot issues concerning ownership disputes of parking space in residential area,for example, the problems in developers’ sale of “parking space usage right”. Fromthose existing specific problems, some concrete solutions are put forward to solveownership disputes of parking space in residential area.From the full text, it is thought that the original ownership of parking space inresidential area belongs to the developers legally, after the developers begin to sell thehouses, the ownership of the parking space, which is newly increased and occupiesthe roads and other places commonly owned by all the owners, belongs to the houseowner directly and legally. The ownership of parking space in residential area can beobtained by the house owner or a third party other than the house owner throughagreements such as purchase, lease, accepting gift and so on. The possession, use,revenue and disposal of parking space in residential area legally owned by houseowners are dealt with according to agreed methods.