Research On Residential Parking Space And Garage Ownership Rules And Circulation System Thereof

Controversies on the ownership rules and circulation system of parking spaces and garages within the residential area have not come to an end despite the enactment of "Property Law" and "Interpretation of Specific Applicable Law Issues Concerning the Trial of Condominium Ownership Disputes"(hereinafter referred to “judicial interpretation”). The most deeply-implied reason for such disputes is that there is no unified standard to distinguish the proprietary part from the common part. As to this problem, a great number of criteria have been found in the academic circles which are formed from different perspectives such as the pool area, the plot ratio, the investment cost, the construction planning, the owner public right, the property developer proprietary and the conventional ownership, etc. Perhaps the proprietary part can be distinguished from the common part to some extent via these theories, but still none of them can be taken as a recognized criterion that can provide a comprehensive and accurate distinction between the proprietary part and the commom part. Therefore, in my humble opinion, the reasonable contents of all views above shall be extracted and integrated to form a unified distinguishment criterion based on the construction plan theory, the plot ratio theory and the pool area theory, which shall be applied step by step.As for the circulation system of residential parking space and garage, this paper focuses on studying the legislative defects related under the framework of "Property Law" and also discussing whether it is legal and probable to sell or transfer such parking space and garage to a non-owner third party. Specifically, this paper shall make an dissection on the legislative problems under the "Property Law" and judicial interpretation thereof concerning the parking space and further provide a brief analysis on the newest parking management practices and regulations in a small number of cities so as to work out what improvement and innovation can be made in the transfer of parking spaces. With regard to the restrictions for the parking space transfer, this paper, in accordance with the Civil Law and Contract Law, shall propose an argument from the views of contract freedom, contract justice and prohibition of abuse of rights as such and consequently demonstrate the legitimacy of such act of assignment.Considering current legislation related to the parking space in our state and referring to the corresponding system of parking space in other countries and regions concerned, this paper puts forward several relevant suggestions for the perfection of legislation on the ownership rules and circulation system of residential parking spaces and garages, which, to be specific, shall be realized through a series of practices from definiting the method for property division of parking space and garage and pointing out the legal liability for violation of parking space system to introducing the classification system of parking spaces and the exclusive right use system in the case of common part, and also establishing the censorship system for the publicity and registration of parking spaces and garages circulation.