Garage Of The Residential Area,Parking Spaces Ownership

In the modern society, the market economy is running at full speed, and with theprogress of the society, people’s life is getting better and better, for example, thequantity of private car is getting more. And people begin to pursuit a life with theirown house and car.In china, there are about22million private cars in2007, and it increase at aspeed of4million each year. Just like people need to have a room, each car also needsa room, which we called garage or parking lot. And we can see a number of quarrelsfor the parking. At the same time, the parking place and its authority are becoming ahot point between the land developer and the householders. March16th2007, the"property law" was passed, which set a legal basis for such a series of problems. In2009, the Supreme People’s Court issued "on hearing specific cases of condominiumownership disputes, the interpretation of application of law". The seventy-fourtharticle of the "Property law" made a principle provision on the parking place and itsauthority, but the relevant rules are inadequate and inoperable. There are still manyproblems need to solve, and the law need to be further improved.In china, the theory circle has different standards on the types of garage andparking lot, and many civil law experts also have different opinions on residentialgarage and parking authority. The main theories are the owner of the agreement, theowner of the community tenement, the owner of the developer, the owner of thecountry, the owner of constructor, and so on. And these theories have their merits aswell as malady. However, the residential garage and parking authority have beencarried out in other countries and regions, which we could draw lessons from. Andbased on the reality of our country, and with the comparison and analysis of relevantlocal laws and foreign regulations, the residential garage and parking lot can bedivided into legal garage and parking lot, added garage and parking spaces, incentivegarage. And for the added and incentive ones, its initial ownership right is of thedevelopers, while all the householders have the right to share the legal garage andparking lot, but entrust a third party to manage, the householders can use it by rentingor buying as they like. And out of the area of architecture planning and design, it oftensets up the incentive parking lot to meet the householders’ demand. Therefore, wecould balance the interests between householders and developers, have a clear concept and types on the legal garage, and distinguish legal garage, parking lot and addinggarage to reduce the contradictions between the owners and developers from thesource.