The Research Of Ownership Of Commercial Residential Parking Spaces

With the rapid development of economy, many residents choose to purchase thevehicle to to ensure the convenience of travel.Therefore the housing facilities havealso been demanded. Vehicle growth far exceeds the parking spaces quantity andspeed. Residential parking space is in short supply. Disputes between the developersand property owners of residential parking spaces due to attribution problems, notonly gradual increase in the number of parking spaces,types of disputes havegradually diversified. Determine the ownership of commercial residential parkingspaces has important significance in building a harmonious society and creating asatisfactory living environment. This paper intends to make an in-depth study on theissue of Parking tenure systems with the combination of both theory and practice.Chinese scholars form many views in dealing with the rights of commercialresidential parking spaces,but there are more not uniform and different opinions.While the introduction of "Property Law" provide some legal basis for solving thedispute over the ownership, but Article74is too general.There are many difficultiesexist in practice. Since the introduction of the local laws and regulations in differentcities are not uniform, resulting in different verdicts exist in judging the same type ofparking spaces. The ownership of part of parking spaces still has legalapplication problems,waiting for supplement of judicial interpretation. Therefore, through the improvement of legislation to clear the ownership ofcommercial residential parking spaces has its necessity and importance.This paper based on China’s "property law" article74rth, article136th,"judicialinterpretation of condominium ownership",combining different verdicts in differentcities to analyze the structure and utilization system of.ownership of commercialresidential parking spaces. This paper use case analytic method, comparative analyticmethod, deductive analytic method as research methods. This paper is divided intofour parts to carry on the analysis the belonging and legal nature of parking spacesbefore and after the introduction of "property law".The first chapter discusses parking space ownership and utilization system beforethe introduction of "property law".and analyze the feasibility of several ownershipjudging methods.which coming with the conclusion that determine the ownershipaccording to the agreement is more feasible approach.And methods of determine theownership by recorded in the pool or determine the ownership by sharingdevelopment costs is not feasible.The second chapter analyze legal nature and legal application of parking spacesafter Implementation of the Property Law.This chapter also discusses the reason whyparking spaces can serve as the underlying of the exclusive ownership.By analyzingArticle74of "property law",the author define and supplement the blur and omissions.The third chapter take a case as starting point,coming with the conclusion that“Property Law”can not apply to the parking space ownership dispute before itsintroduction.The fourth chapter focused on the specific application of Article74of”Property Law” by distinguishing different types of parking spaces.Finally,the author has a brief summary of this article and come up with fourproposal in order to build a operability legal system of parking spaces ownership tomeet the social development.