Study On Ownership Of The Ground Parking Spaces

The ownership of ground parking spaces in residential district acts as an issue perplexing the theoretic and judicial practice for a long time.Attributing to the factors such as the normative clauses failing to be utilized in the positive law,the contradictory judgements passed by the judge in judicial practice,disorderly and unsystematic criterion proposed by academia,the ownership of ground parking spaces has not reached any consensus.It is customary to judge the ownership of ground parking spaces under the theory of “Condominium Ownership”,where residential district is visualized equal to the buildings with Condominium Ownership.The Article endeavors to constitute the legal dogmatical structure for Condominium Ownership within the scope of the Real Right Law with the purpose of furnishing the criterion of judging ownership of ground parking spaces.The research methods of the Article consists of empirical study,historical method,comparison and legal dogmatics method.The Article is divided into five chapters.Chapter 1 summarizes the issue of “ownership of ground parking spaces” and clarified the concept of ground parking spaces and meaning of the theme.Then the status quo will be presented,which includes positive law,judicial judgements and theories of academia.Chapter 2 presents and criticizes the defects of positive law,judicial judgements and theories of academia.The original causes of the defects are probably due to the failure of legal dogmatics analyze.Chapter 3 constitutes the Condominium Ownership structure by means of legal dogmatics analyzing,within the scope of the Real Right Law.Chapter 4 forms the typology of residential district,which is based on the content in Chapter 3,therefore,real right alteration regulation subject to judging the ownership of ground parking spaces may be ascertained.Chapter 5 describes different concepts of ownership of ground parking spaces in specific residential district type.