Research On Priority Right Of Residential Parking Spaces

In recent years, residential parking problem, which urban residents have paidmuch attention to, has become one of the most difficult problems in urban social life.As the number of private cars goes far more than the scale of city development,urban parking contradiction is very prominent. Some owners have to park their carson public roads or on public green area while some owners even have no place topark. This predicament also has triggered many social problems such as the increaseof traffic accidents, intensified conflicts and disputes in housing estate, whichseriously impact the stability of people’s daily life.Arguments about the priority rights and the ownership of parking spaces havepersisted before the Real Right Law introduced. With the promulgation andimplementation of the Real Right Law and the announcement of ‘Interpretation ofSeveral Issues about Application of Law in Condominium Ownership Case bySupreme People’s Court’, rules have been established, however, problems stillhaven’t been solved. Under the understanding and research on the above-mentionedproblems, this paper aims to analyze the regulations, to point out the deficiencies andthen to come up with solutions to the problems for reference.This paper is divided into four parts, the main contents are as follows:The first chapter mainly introduces the basic theories of priority rights,including the origin of the priority rights, provisions in Roman law on priority, theconcept and characteristics of priority rights, the comparison with some other similar concepts, different legislation in civil law countries and regulations of our currentlaw system on priority rights.The second chapter starts from the foundation of setting priority rights inresidential parking spaces which is supposed to demonstrate the legitimacy. Andunder the interpretation and analysis of the current regulations about priority rightsin residential parking spaces, the paper has given a clear explanation of the principleof “prior to the external and equal to the internal”. This chapter ends with thespecific operations of relief when the tort of priority rights in residential parkingspaces happens.The third chapter discusses the ownership of residential parking spaces rulesmainly with the perspective of condominium ownership and describes the legislationof some different countries and regions. Finally, this chapter has introduced severalmajor academic theories and analyzed the regulations of our country.The fourth chapter is the key section of this paper. The author has reviewed thecurrent legislation respectively from the perspective of law and institutionaleconomics. In terms of law, this paper focuses on the criteria of proprietary parts andco-ownership parts. And the author believes that there is no legal barrier in definingparking spaces as proprietary parts. And it is not proper if parking spaces are definedas co-ownership parts without any ethical foundation. In terms of institutionaleconomics, the author has analyzed problems mainly through the property rights andtransaction costs theories. Co-ownership can hardly avoid the inherent inefficiency.Finally, the author proposes that raising the statutory allocation ratio of parkingspaces and a complete set of registered ownership of residential parking spaces willbe good solutions to the parking problems.