| The dispute on ownership and use of parking is a conundrum faced by condominium systems. "PRC Property Law" Article 74 is a provision of parking spaces, garage ownership and use, but conflict of the generality of the law and the complexity of real life has lead to many problems to understand and apply in reality. Among them, Used in paragraph 1 of article 74 “Within the building area, Planning parking places and garages shall be used for parking the car to meet the needs of the owners in the first place”. In the applicable produced inconsistent understanding, operation is not unified, which results owners’ parking legal interests is difficult to obtain protection. The contradiction between the owner and developer intensified that influence construct harmonious community. To solve these problems, the paper analyzes the law legislative intent and realistic demand, which take real estate preemption theory as a starting point, and then proposes and demonstrates the owners parking(garage) priority right, considering the owner’s weak position compared with the developer.This paper is divided into the following five parts:Part I: The origin of the concept of owners parking(garage) priority right. First, introduce various interpret "first meet the needs of the owners" by scholars since the "Property Law" issued,in order to combing the origin process of the concept of the owner parking(garage) priority. Second, by comparing the civil priority and preemptive right, clarify the "property law" the 74 th legislative intent, and analyzes the owner parking(garage) priority’s definition and characteristics.Part II: The nature and effectiveness of owners parking(garage) priority right. On the basis of reviewing the dispute of the nature of the traditional pre-emption rights, combined with the legislative purpose, defined the nature of the parking(garage) owners’ priority as substantive rights, eligibility rights and right of formation. And against the reality dispute of the normative nature about "Property Law" Article 74, paragraph 1, expound the effectiveness among the seller, the owner and the third person.Part III: Analysis rationality of owners parking(garage) priority right Based on the principle of condominium ownership, from the angle of the exclusive parts and common parts, analyzes legal basis of the owners parking(garage) priority,and explains the system’s pursuit of harmonious order and protect the weak value target.Part IV: The access to and exercise of owner parking(garage) priority. From the view of system structure analysis, expounds the owner parking(garage) priority system connotation including the owners’ qualification analysis, "need" definition, scheduled period, the exercise of "specific conditions", etc.Part V: The owner parking(garage) priority system of legislation and practice. From the perspective of perfecting the system,there will be a comparative analysis about the parking places and garages flow using rules,such as the legislation of United States, Germany, Japan, Taiwan, and Domestic local practices. On this basis, summed up three revelations including clear parking Spaces ownership, perfect parking space registration system, improve the parking information disclosure system. |
PDF Full Text Request