A Research Of The Ownership Of Parking Spaces And Garages In Residential Districts

With the rapid development of our country’s economy and the gradual improvement of the people’s living standard, people are more and more needing car. Unfortunately, because of the lack of urban land resources, developers cannot provide a complete set of parking space when they are developing and constructing the residential district. That makes the growth of the residential parking spaces and garages can’t keep up with the growth of the car. The number of existing parking spaces and garages can’t satisfy people’s needs, which makes the related disputes appear constantly. What’s more, the promulgations of the Property Law and the relevant judicial interpretations don’t involve the system of registration and circulation of ownership of the parking spaces and garages, and unable to fully regulate the market of increasingly complex parking spaces and garages. Therefore, to determine the ownership of parking spaces and garages in residential district, perfecting the relevant laws and regulation as soon as possible is the key to solve the current increasing disputes.This article is divided into four chapters. A case that the retrial judgment overthrows the first-instance judgment and the second-instance judgment will leads to the whole text. Through the introduction of other countries’ legislation and analysis of the current legislation, we put forward some legislative proposals for China’s current situation.The first chapter is the problem presentation. We will introduce the definition, classification and characteristics of parking spaces and garages. We think that the theory of condominium ownership is the theoretical foundation of the ownership of parking spaces. Condominium ownership is a special right. This part will discuss it in detail.The second chapter is a comparative study of related legislation of parking spaces and garages in some other countries and regions. We will introduce the related legislation of United States, Canada, France and Taiwan. By comparing these countries and regions’ related legislation, we will analyze and summarize their differences and similarities, for analysis of our country’s legislation situation and legislative suggestions later.The third chapter is the introduction and analysis of our country’s current legislation. This chapter is divided into two sections. The first section is the legislation of the ownership of parking spaces and garages in our country. The related legislation mainly includes the Article Seventy-four of the Property Law and “the Supreme People’s Court on Several Issues Concerning the Trial Explain Condominium Ownership Disputes’ Specific application”. The second section is analysis of our country’s related legislation, and we will point out four defects existing in the legislation of our country.The fourth chapter is the legislative suggestions to perfecting our country’s ownership of parking spaces and garages. It is a response to the four defects in the third chapter. These suggestions include to clear type and the ownership of parking spaces and garages; to materialize the Article Seventy-four; to improve the registration and circulation system of parking spaces and garages; to strengthen the status of owners’ committee.This paper mainly uses the research methods of comparative analysis and empirical analysis, for perfecting our legal system of parking spaces and garages in residential district. But due to the limitation of space, there are many problems still need further study and improvement.