The Research Of Issues Of Ownership Of Residential Parking Spaces And Garages

The seventy-fourth of Real Rights Law of the People's Republic of China expressly provides two ways of determining ownership of parking spaces and garages,one way is that parking spaces and garages are co-owned by the owners,another way is that the ownership of parking spaces and garages shall be agreed upon by the related parties.That is to say,parking spaces occupying roads or other areas co-owned by all owners shall be under the common ownership of all the owners.In addition to this,other types of parking spaces and garages need be determined by agreed upon by the related parties,which provides legal ground for these disputes of ownership of parking spaces and garages.But there are so many problems that these disputes of ownership of parking spaces and garages are not solved.Firstly,beginning with these current provisions,the author finds out the crux of these disputes of ownership of parking spaces and garages by evaluating and analyzing these current provisions.Then,the author summarizes all criterions about ownership of these parking spaces and garages,and puts forward a point that ownership of parking spaces and garages are determined according to the distinction between these exclusive parts and common parts.However,the standards of exclusive parts and common parts need consider these provisions of Real Rights and realities of situation.Finally,the author puts forward these suggestions about ownership of parking spaces and garages in residential area.The first chapter describes these types of residential parking spaces and garages.There are two ways about ownership of parking spaces and garages in our country,but there are diverse forms in practice.Whether diverse forms of parking spaces and garage can be concluded in the clauses of Real Law and these criterions are the same,which need be considered.The second chapter describes and analyzes the legislation about ownership of parking spaces and garages.The Real Law stipulates that other types of parking spaces and garages need be determined by agreed upon by the related parties except for these parking spaces occupying roads or other areas,and stipulates the obligation that these parking spaces and garages by agreed upon should be satisfied these demands of owners afterwards.The way of pre-control and afterward control seems to be careful,but it is difficult to practice,which intensifies the contradictions between the owner and the developer.The third chapter classifies and appraises these standards determining these ownership of parking spaces and garages.Summing up all these standards for years,the author ultimately proposes that determining these ownership of parking spaces and garages is theory of exclusive part,which is determined by the "integration" characteristic of partitioned ownership of building areas."Structural independence" and "available independence" should be estimated according to the initial purpose of the building built,specific location in the residential area,the relationship between building and residential area and so on.The theory of “construction land use” is regarded as a factor of “whether these parking spaces and garages should be these objects which can be registered or not”,that is to say,parking spaces and garages can be registered because there are construction land uses except for previous two elements.This criterion is reasonable,accord with the modern idea of partitioned ownership of building areas.That two elements of "Independence" are unified can avoid the rigid compared with prior standards.There are many factors,which one is a legal construction land use.If there is the construction land use,it can be registered as someone without other defects of right.The fourth chapter puts forwards some proposals about the ownership of parking spaces and garages in residential area.Through applying these judgment standards of exclusive parts,the author divides these parking spaces and garages into two parts.The one is that the minimum ratio of parking spaces and garages should belong to all owners,the other one is that these ownership of residential parking spaces and garages constructed belong to the developers,which way greatly balances these interests of both the owners and the developers,and is help to solve these disputes of ownership of parking spaces and garages.