Residential Parking Spaces Issue Of Ownership

In recent years, with the continuous development of China’s automobile industry and the increase of people’s income, the amount of private cars has increased sharply. The number and constructive speed of parking spaces can not meet the growing demand for private cars owners, which has made parking spaces problems a social concerned issue. Especially in residential communities, disputes on the ownership and utilization of parking spaces between the owners, the owners and developers has become the main reason of their conflict. Neither of these two different viewpoints about the ownership of parking spaces, exclusive ownership theory and common ownership theory, which are based on condominium right theory, both discussed in this thesis, is considered the proper standard to decide the ownership of parking spaces. By analyzing varieties of theories, the thesis has found a general standard, the standard of allocation of land use rights, to determine the ownership of parking spaces inside residential communities. However, the ownership of civil air defense works which are built underground also used as parking spaces should be paid special attention. Through analysis, this thesis has talked about "state ownership theory" and "developers ownership theory" while has suggested that it is the real estate owners of in residential communities who should have the common ownership of civil air defense works which are attached to the buildings also used as the parking spaces and it is the state who are supposed to have the ownership of civil air defense works which aren’t attached to the buildings also used as the parking spaces. This thesis has divided parking spaces inside the residential communities into two kinds, the exclusive parking spaces and the common owned parking spaces. And It has explained its understanding of the Article74, Paragraph1of 《Real right law》 during the discussion on the utilization of the former one and has introduced the concept in economics called "tragedy of the commons" and the analyzed corresponding legal theory in Chinese Taiwan during the study of the utilization of the latter one.