An Ananlysis Of The Ownership Of Parking Places And Garages In Community

As Property Law Of People’s Republic of China(hereinafter referred to as the"Property Law") and its judicial interpretation introduced, it is becomes clear todefine property right, conduciving to settling disputes and maintaining social stability,but “Property Law only provides a framework for this issue, too principle to operate.the relevant judicial interpretations and supporting systems are still not perfect, so thecourt is facing many difficulties in judicial practice.Based on the above legislative background, analysis and discuss for theownership of parking spaces and garages, with methods of comparison analyzing,value analyzing and chart mehod. First, an overview of the ownership of parkingplaces and garages in community. So far there are types of parking spaces andgarages, this paper only discusses the ownership of parking spaces and garages incommunity. At present, the scholars are diverse views for this problem, the maintheories are: the owners say, the area apportionment say sand the agreed vesting say.Aticle74of Property Law atopt to the agreed vesting say. But in our current marketenvironment, owners and developers seeming to be an equal status, in essence, theindividual owners so weak that they can not negotiate with powerful developers. Theauthor acro the study, proposed parking garage attribution insights.This needs to be anational force to interfere and to further improve the trading market. Second, compareand learn legislative from major foreign countries and Taiwan regions,such as USA,Germany, Japan, France, Toronto of Canada, and China’s Taiwan region. For thequesiton of parking garage，through a comparative analysis,we can found that bothcommon law countries or civil law countries, countries are considering thedevelopment of life legislative foundation to build habits, and other factors on thepopulation. Through the legislation in these countries are compared and analyzed, itwas found that both the common law countries or civil law countries, they buildlegislation on the basis of considering the development, habits, population, and otherfactors. To solve the ownership of residential parking spaces and garages,we shouldcombined with China’s national conditions, which a large population, the problem of the scarcity of land resources. In order to better protect the interests of the owners,can learn from the Taiwan and Toronto.in order to provide direction for the futurelegislation research.Finally,legislation for further improvement. On improving thearctile74of Property Law, it should be clear the meanning of “satisy at first place”and “other area”, and should improve the content of agreed vesting. As the plotowners at a disadvantage compared with developers, therefore, also need to havespecific systems to protect the interests of owners, such as improving the registrationsystem of underground garage, real estate information disclosure system and so on, Ihope the law and supporting systems closely together, work together effectively,thereby achieving the purpose of protecting the interests of residential owners.