Residential Parking Spaces Ownership Of Study

With the increasing development of China’s economy, living standards rising, the car is becoming important as the family of means of transport, the increasing demand of the residents of the residential area parking spaces, garage. Our parking spaces, garage ownership imperfect legislation, parking spaces around us, garage layer constantly. For example, on November12,2003, Nanjing Drum Tower District People’s Court concluded the case of the city’s first case of owners and developers to court to compete for ownership of the underground garage. For all kinds of petition, a great deal of diversity among different parts of the verdict given by the Court, can be found in the relevant basis for this is the law to guide the fault of the function, at the same time, this phenomenon also stimulated the enthusiasm of the people of litigation, the current situation in life is garage, parking attributable to what is common to all, the distinction between conventions such as deadlock, theorists residential area parking garage question of attribution, the argument is also very intense.Property Law of the People’s Republic of China in2007and2009on the inte of the hearing condominium ownership disputes the application of law "enacted so far to resolve the disputes have some legal basis for the attribution theorists argue temporary calm. However, for various reasons, our parking garage registration of ownership, use, transfer of power, the law is very broad, very few theorists. Author in China has a legislative context, combined with the practice of residential parking spaces, garage specific settings form, parking spaces, garage Ownership of analysis, and to explore the issue of parking spaces, garage, registration, use, transfer of ownership power, advocates "Property Law" the relevant provisions of the further improved and enriched, to truly achieve Mediating contention.The text is divided into five parts, about30,000words. The basic theory of the condominium ownership explained to explore the process of condominium ownership, from the perspective of historical development, characteristics and types of condominium ownership; focuses on the second judgment of residential parking spaces tenure issues standards and academic mainstream point of view, the specific aspects from the planning of land use rights standards, building land plot ratio standards, cost standards, building standards elaboration; third part analyzes the residential parking garage ownership of extraterritorial laws and regulations the introduction of the civil law countries, the introduction of the common law countries; fourth part of the introduction of the relevant provisions of the residential parking garage, on the basis of the third part of its essence, to its dregs of defects and shortcomings of the relevant provisions of the existing legislation on this issue; departure from the status quo, how to improve the regulation of residential parking garage tenure issues proposed legal measures. The author believes that the address tenure issues, the most fundamental is to improve laws and regulations at the same time, to increase its operability, and prevent it from becoming a dead letter.