An Analysis Of The Ownership Of Parking Places And Garages In Community

With the rapid development of our economy, people’s living standards have been greatly improved, the pursuit of high quality of life has become the main melody. Out to scooter has gradually become the representative of the quality of life. However, the number of private cars is increasing year by year, not only for urban traffic caused great pressure, more the number of residential parking spaces, garage put forward higher requirements. Parking demand and the increase in the number of residential parking spaces, the number of the constant lead to the contradiction between supply and demand, residential property owners and developers or residential property owners on the residential parking spaces, garage property rights or the use of the right. Some developers believe that the area of parking spaces, garage is the construction of its investment, and the owners in the purchase of housing, residential parking, garage area is not in the public area of assessment, according to the principle of "who invests, who benefit", parking, garage property rights should be enjoyed by the developers. Some residential property owners believe that the area of parking spaces, garage is attached to the community of public facilities, it should be by the owners of all residential areas, residential property owners in the purchase, parking spaces, garage as public facilities should also be transferred. Easy to buy a car, parking is difficult to become the most common residential area, and the area of parking spaces, garage ownership is not clear, exacerbated by the difficulty of parking spaces and disputes, and therefore to clarify the district parking spaces, garage management authority to resolve this contradiction has a positive effect.Chinese "real right law " promulgated before the implementation, and no law on residential parking, garage ownership to make a clear and unified regulations, resulting in the handling of parking spaces, garage related disputes have no unified rules, the relevant decisions of the courts are also different. March 16, 2007 "Real right law" through, the law of the seventy-fourth first time to the residential parking spaces, garage ownership from the legal level, it can be said, "Real right law" the introduction of the end of China’s parking spaces, garage legislation inconsistent situation. "Real right law" seventy-fourth provisions, so that the residential parking spaces, garage ownership of property rights more clearly, more clearly, to set a dispute, maintain social harmony and stability. In addition, to strengthen the management and utilization of residential parking spaces, garage property rights, improve the utilization of parking spaces, garage, improve the investment in the construction of parking spaces, the enthusiasm of the garage also played a major role. At the same time, "Real right law" seventy-fourth of the provisions of too principle, in the understanding and application are difficult to practice. "Real right law" in the development of ownership of the rules before the district parking spaces, garage type distinction, "first meet the owners need to meet the needs of the owners" and "agreement" in the determination of residential parking spaces, garage ownership in the effectiveness of the problem, resulting in disputes, the law can not be in accordance with the law is still widespread, the implementation of Real right law has not been completely end of the residential parking spaces, garage ownership disputes. On the "Real right law" to further improve and refine, the effective settlement of residential parking spaces, garage ownership disputes imminent.In this paper, through the comparison of law, logic, deductive analysis, summarized and so on analysis methods, from the empirical and theoretical study of the two aspects of the residential parking spaces, garage management authority in the study. From five different views on residential parking spaces, garage ownership, and then through the comparison of national and regional legislation and the theory of comparative analysis, and then from the theoretical level of residential parking spaces, garage type, nature of the theoretical analysis, and finally the "Real right law" seventy-fourth of the provisions of the analysis, and to improve the terms of their own proposals.The full text is divided into four chapters.The first chapter is mainly about the current residential parking spaces, garage ownership of the five views, the first view is the area allocated, said that it should be in accordance with the district parking spaces, garage construction area is included in the area of the pool area as a judge of parking spaces, garage management authority. The second point is the owners said, the said that the ownership of residential parking spaces, garage all the owners of residential total, residential parking spaces, garage can be regarded as accessory part of the residential buildings, with the entire building and in conjunction with transfer to residential property owners a total. The third view is that the parties agreed that the parties can agree to the sale, leasing and other ways to the parking spaces, garage ownership, namely the law to give the owners agreed parking spaces, garage ownership rights. The fourth view is all the developers said that the said that residential parking spaces, garage ownership shall belong to all developers, and parking spaces, garage can become the object of the independent, can separate transactions, rather than as accessory to res with transfer and transfer. The fifth view is that the state said that only for the air defense garage, refers to the area of the air defense garage is an important national military facilities, not by the individual to enjoy its ownership, the ownership of the garage should be the state of the country. The author of these five views, combined with the social status of the five points of view of the advantages and disadvantages of the evaluation, and put forward the author’s views and views.The second chapter mainly through the comparative study of the method, and the analysis of Japan, the United States, Germany, France, Taiwan, China Macao area, the area of residential parking spaces, garage ownership of legislation and theory, and the theory of the classification and analysis, summed up three management authority model, the first mode is by residential parking spaces, garage by the developers of all models, the use of the model of the state, the district parking spaces, garage as a proprietary right, and in accordance with the requirements of the owners, respectively, to sell or rent. In such a model, residential property owners in the purchase of housing developers have the option to purchase parking spaces. The second model is a common model of residential parking spaces, garage by residential owners. The model is generally used in two forms, one, by the owners of residential parking spaces, a total of the garage, the owner of the exclusive part of the ownership of parking spaces, a total of the garage. Second, the residential property owners to share the right to use the parking lot, the need to use parking spaces, garage owners in the payment of a certain fee, you can get the exclusive use of parking spaces, garage. The third model is to determine the classification of residential parking spaces, garage ownership model, Japan and China’s Taiwan region generally use this model. Different countries and regions have their own advantages and disadvantages, and it is not suitable for our country. Through the elaboration of this chapter, I hope that we can provide some ideas and examples for the settlement of the disputes of the ownership of parking space and garage, and can be used for reference in our country.In the third chapter, the analysis and research on the ownership of residential parking space. From the definition and type of residential parking spaces, garage, the paper discusses the ownership of parking space and garage from the view of building distinction ownership. First of all, the residential parking spaces, garage connotation and type of analysis and analysis, generally divided into four types: ground parking spaces, underground garage, aerial layer parking spaces, air defense garage. The four different types of parking space and garage, its legal nature is not the same, this paper from the perspective of independence angle, res from the angle and the economic benefits of the legal nature of the parking spaces, garage the ownership of residential parking spaces, garage were theoretical analysis. Secondly, this chapter analyzes the historical background and the theory of the building of the distinction between the ownership system. With the residential by horizontally aligned to the vertical stacking evolution, condominium ownership system bred and, generally divided into three kinds of theories, "monism", "dualism" and "three yuan theory". In the end, the concept and content of the system of building distinction ownership are introduced, which includes the exclusive right, the right of ownership and the right of membership. China’s current "Real right law" for the building to distinguish between the system of residential parking spaces, garage ownership of the provisions of the problem is not clear, clear, widely criticized, there are many problems in the actual operation. On the basis of the relevant concepts of the system of building distinction ownership, the author discusses the ownership of residential parking space and garage, which is of great significance to improve the relevant provisions of the "Real right law".The fourth chapter is mainly on the residential parking spaces, garage ownership system in practice. "Real right law" seventy-fourth first time on the residential area parking, garage ownership of the problem of the principle definition, but this principle of the definition to the judicial practice has brought a lot of understanding and application of the problem. "Real right law" in the first time in the form of legislation in the form of residential parking spaces, garage ownership rules, but the law is not perfect, the author first analyzes the advantages and disadvantages of the reform, to find out the problem, and then gradually analyze its defects. For "should first meet the needs of owners" interpretation, how to "meet the needs of the owners" to define, to determine the ownership of the agreement to express their views on the "other venues", the concept of the "Real right law" in the final analysis of their views., of course, an important purpose of the theoretical research is to guide the practice, I hope through this chapter of an analysis and discussion can play a valuable role, let the ownership of residential parking spaces, garage to get more attention.