The Understanding And Application Of "Property Law" Article74（1）

"Property law" article74of the first paragraph about the parking places and garagesownership and management, provisions "should first meet the needs of owners. Thisprovision is mainly sold to high-priced parking spaces, garage for some developers in thereal life parked outside the cell to make parking spaces, garage, ownership and circulationis necessary to limit. In order to balance the relationship between the interests of ownersand residential developers, in order to protect the legitimate rights of the owners. However,due to the generality of the law and the realities of complex features, the statute or inreality the understanding and application of a lot of problems. In this paper, the SupremePeople’s Court judicial interpretation, and the local response to the introduction of therelevant provisions of the terms of the actual operation, planned for parking cars Garageclassification and confirmed, and owners in the third paragraph after the creation of theoccupation of green space, parking spaces, garage roads are excluded from outside theplanning; Explain what is the "first meet the needs of owners and the terms of the limitedwithin the reasonably required to meet the owners, and the" first "interpreted as amendedowners enjoy absolute priority purchase (lessee) the right to"first meet the needs of ownersto develop a set of practical methods; analysis of the terms of the rights and obligations of the main body, and combined with all kinds of theories,"Property Law" Article74, firstparagraph of liability as to authorize a third specification terms,so that the terms of thelegal relief to find a clear direction.