Research On The Legal Issues Of Garage Owner Rights Protection After The Property Law Era

Owners parking difficulties, the residential garage attribution has been an importanthot issue in the field of real estate law in China."Property Law" implemented in2007inthe form of a uniform national laws on residential garage be defined, so that the legalregulation of residential garage into the laws to the era, its progressive significanceNeedless to fine the words. However, since the implementation of the "Property Law" onresidential garage expensive, difficult parking problems still hit the newspapers, theimplementation of the effect is not ideal, how to regulatory the residential garageeffectively, to protect the owners garage rights, after "Real Right Law" era is still verymeaningful.Before "Property Law" being promulgated the theoretical circles about the ownershipof the residential garage have a different doctrine, mainly for owners jointly theory,developers ownership and conventions ownership theory."Property Law" eventuallyadopted the theory that the residential garage ownership agreed by the parties, tiltprotection for the rights of the owners at the same time, made first of all to meet theprovisions required by the owner. These provisions, however, there are many defects,mainly for ignoring that the legal concepts is not clear,there is no equality between theowners and developers convention platform, no remedial measures three aspects. Inessence, but these provisions of the Property Law defect is determined by its basic legalattributes of the property law.The legal regulation of the residential garage, we can learn from foreign legislativeexperience. In this regard, the mandatory legislative model of the United States, Germanymode space legislation, legislative model of the house outside of Japan, Taiwan’sclassification specification legislation mode are more representative. The mandatorylegislative model forced developers to provide and sale garage. Legislative model ofGerman regards garage as a room, belonging to the proprietary parts. Japanese houseoutside legislative mode is defined as the outside parking Total, house parking proprietaryownership of the object is defined as proprietary for some owners. Classification specification of the Taiwan legislature mode residential garage into a legal parking space,additional parking and incentive parking own, the statutory parking spaces for a total of,their own additional parking spaces and incentives parking as proprietary. Taiwan’sclassification a regulatory legislative model to ease the situation of small to effectivelyraise the parking rate, consistent with our current national conditions, it is worth reference.The perfection of the legislation is a step-by-step process, which needs a long-termsystem to design, but also needs the short-term coping strategies. In the short term, tomake up for the defects of the law mainly through judicial interpretation of the SupremePeople’s Court, through the introduction of judicial interpretation of the Explanation"First","need" the meaning of the legislative term, to give both parties equal consultativestatus, gives the owners the relief of the right to appeal. From the long-term view of theprotection of the rights of the owners of the garage will eventually need to establish a setof comprehensive...