Research On Property Right Ownership Of The Garage And Parking Spaces In Residential District

With the economic and social development, car becomes more and moreimportant. The government issued a series of preferential policies to increase theamount of private cars which comes with increasing demand for the parking garage.Parking space ownership dispute also becomes more and more frequently.Before the property law issued, the disputations about ownership of theresidential district of the parking garage caused widely discussion in the theory circleand the practice circle. The property law article74and <Building differentiationownership disputes in the concrete application of law in the explanation> promulgatedby the supreme people’s court, set rules about community garage of parking problems.But the laws is not perfect relevant. The existing legislation is not able to resolve thedispute. This problem is related to many interests, the laws which lack of theoreticalbasis and operability is difficult to convince. It is impossible to realize the balance ofinterests.This paper begins with the garage parking’s types and properties. Throughcomparison and analysis of the theoretical circles, comes with the judgment standardand the ownership principle parking for typed analysis in order to determine theattribution of right. Different types of parking garage belong to different ownershipprinciple. Under investigating existing rules, we formulate concrete rules and putforward several suggestions to perfect the law. Full text is divided into five parts:The first part is the overview of parking garage. The definition and division ofthe parking garage comes first. On the base of the space characteristics, it’s dividedinto surface, empty space and underground garage. With describing the characteristicsof each type, we discuss the legal nature of parking spaces. List of four theoriesinclude the independent content, apposition objects, supporting facilities and fromcontent. Compared each theory based on theoretical basis and legal application effectof each theory, we hold views that community garage, parking system belongs toindependent objects.The second part is right ownership the parking garage. Analyze and comment thetheory of the judgment standard, which includes land ownership standard, investmentsituation standard and construction planning standards. Including all developerstheory, the owner agreed and ownership theory. Then analyze them from positive and negative two aspects. Then take out a conclusion that a single standard and theorycan’t solve all disputes. On the basis of agreement to equally shared area standard andreasonable of agreed ownership theory, we hold the view that we should classificationto determine type parking garage, ownership. The existing legislation can’t solve theproblem of theory and practice, and then put forward the point of this article.Determine the parking garage ownership on the basis of outer space performancetype.The third part is the parking garage, ownership legislation analysis. This partfrom the garage, the main function of the parking service to owners of the communitylegislation safeguard, this paper analyzes to meet the needs of the owners "first" firstmeet the needs of the power and the owner of these two concepts, legal connotation,and the legal consequences for violation of the regulations, clear effect to the termsand conditions as mandatory rules. Is discussed under the system of buildingdifferentiation ownership, various types of garage and parking space ownershipapplies theoretical basis, namely, identified as proprietary part or total of thefeasibility of the part. In the existing legislation on the basis of building acomprehensive agreement the ownership system, including the applicable objectexplicitly, participate in the limitation of subject, agreed behavior constraints, etc.The fourth part is the garage, the comparison of car ownership legislation. Thispart mainly inspected the United States, Germany, France, Japan and China Taiwanregion legislation in the garage and parking ownership rules, roughly divided into twomodes, one is the ownership of all the owners, the owner obtains the right to exclusiveuse of a specific, another kind is defined as proprietary parts, can be registeredseparately, separate ownership, transfer separately. When comparing two kinds ofmodel and considering the reality in our country, on the basis of this article thinks thatour country does not have the integration of the legislation of soil, but the Japanese ofthe legislation about the independence of judgment standards and legislation inTaiwan to increasing the number of parking Spaces in the system are provided in ourcountry can draw lessons from the experience.The fifth part is the Suggestions of perfecting legislation. Mainly from the typedanalysis to determine the plot garage, parking space ownership and into the real estateregistration system to specification, to open the garage, parking system and theintroduction of clear the local government of obligation to the guidance of the owners’committee four aspects put forward the Suggestions of perfecting our country’s legislation. Typed analysis to determine the ownership legislation suggestions includethe ownership principle, also have the rights and obligations of developers to protectthe interests of the owners or limitation. Real estate real right of realty registration isvery methodical; garage, parking dispute solution ultimately rests on rights, and intothe real estate registration system for standard check of dispute is beneficial to set.