Research Of Parking Space And Garage Disposal Rules

Parking problem is a hot topic in current society, the phenomenon of price speculation parking spaces and garage is common, and the parking garage as a condominium building facilities is the most typical one. The above phenomenon, one reason is that at present the absolute amount of parking spaces and garage is not enough, and the disposition of fuzzy rules to some extent exacerbated the problem of parking. This paper is intended to "property law" the sixth chapter "the owners of condominium ownership of parking spaces, garage" as the object of study, focuses on the disposal rule problem, simply, which subject to dispose the manner in which the subject to which the number of parking spaces, garage problems. "Should first meet the needs of the owners" is the "property law" for parking spaces, garage disposal restrictions, because the disposal rule relative principle, it is necessary to start from the subject qualification, allocation ratio as well as disposal mode restrictive conditions, further in-depth study of disciplinary code, and on this basis, study on illegal disposal legal consequences of parking spaces, garage. Practical content of this study, this paper will combine with the various local regulations and judicial practice carries on the empirical analysis, in order to further refine the existing legislative framework on parking spaces, garage disciplinary code, and provide the beneficial reference for solving the parking spaces, garage disputes.The first part is the theoretical basis part. "Property law" the sixth chapter specification of the parking garage refers only to the planning as a condominium building facilities of the parking garage, ruled out does not belong to the whole area of the underground parking, ground of paid parking spaces and in violation of planning the construction of the parking garage. The ownership of state ownership is clear, which is belongs to the original developers. Parking spaces, garage as a condominium building facilities, although with the other part does not constitute the main object and exclusive relationship, but for the owners of the purchase of residential and business premises and buildings such as the main function of the importance of the proprietary part and from the importance of bona vacantia quite. So set restrictions on the parking spaces, garage disposal, it is for department of law and public policy considerations.The second part to the fourth part is the study of parking spaces, garage disposal rules in specific restriction conditions, which the second part is the research subject of legal issues. The subject of rights of parking spaces, garage in the disposal rule includs owners and tenants, the subject of obligations includs developers and owners. Among them, in the aspect of rights and obligations, there are differences between tenants and owners. In addition, rights and obligations in the hand housing transactions and second-hand housing transactions in the parking spaces, garage corresponding disposal is not the same, different from the developers hand housing transactions required to fulfill the obligation to inform, without setting the obligation of second-hand housing owners.The third part is the research on allocation ratio of parking spaces, garage disposal problem in the rules. As a programming sense of proportion of the allocation, to the provisions of the normative documents in various places of understanding to typological perspective, can be divided into uniform type, differentiated type and mixed type three set mode. And applied to the field of private law, it should be play a role in binding the restrictive conditions, disposal in the parking spaces, garage, developers have an obligation in accordance with the provisions of the number of allocation proportion, the purchase or lease of parking spaces to meet the needs of the owners, at the same time parking spaces, garage in the range of dispose ratio can be disposed in short-term rental way to third people. But beyond the allocation ratio of parking spaces, garage construction, is not subject to "should first meet the needs of the owners" restrictions, but to play the auxiliary function of the main function of building parking spaces, garage, can consider to give owners purchase priority or priority to lease.The fourth part is the parking spaces, garage disposal rules in the way of disposal restrictions. In the limited parking spaces, garage disposal process, legal problems of disposition mode and subject and the disposition proportion inseparable, this part focuses on the problems in the study and practice of the relationship between the controversy larger rental and sale of prohibited developers, not only for the rental behavior, consistent with the "property law" limited parking spaces, garage sanctions intended, normative documents in some places made it clear. In addition, according to the parking garage, the mortgage situation, in the realization of mortgage right shall meet the qualification of the main body, the transferee allocation proportion restriction conditions, and for the difficult problem of how to operate, still need to practice exploration.The fifth part is the research of legal consequences of the illegal disposal of parking spaces, garage. Dispose of parking spaces, garage should follow the right to dispose of and compliance with the law disposal rule two principles. Illegal disposition of parking spaces, garage mainly for unauthorized parking spaces, garage and in violation of the provisions of legal restriction dispose of parking spaces, garage. Unauthorized disposition of parking spaces, garage, combined with the specific case study of judicial trial practice, processing principle of its legal consequences should follow the unauthorized disposition. In violation of the provisions of legal restriction dispose of parking spaces, garage, inertial path should get rid of current legal act effect judgment from the setting purpose, its behavior belongs to the invalid effect, the legal consequences should be processed to distinguish different reasons, such as violation of subject qualification, the disposition proportion, disposition mode and so on.The last part is the reflections on the problems related to the parking spaces, garage disposal. Parking spaces, garage should perfect its disciplinary rules, it needs to be perfected legislation, stipulating on principle by laws, administrative rules and regulations, the specific contents should be stipulated in the local normative documents or by the Supreme People’s Court on specific issues such as form of reply to make. At the same time, the realization of disposal rules cannot do without the registration of this assistance program, some places relate its disposal rules to its registration. In addition, the future development trend of parking facilities set mode and the future of the automobile, largely determines how the importance of parking spaces, garage on the distinction between all the buildings of the future development, will also influence the future direction of parking spaces, garage disciplinary rules.