Research On The Limited Disposition Of The Parking Spot And Garage In The Residential Areas

With the rapid development of economy,China has already been a ‘ carcountry'.Because the number of private cars has grown,the parking spots and garages of residential areas are not enough to meet the parking needs.The difficults of parking are becoming more and more serious.Multiple prescriptions in “the Property Law of the People's Republic of China ”and “Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Partitioned Ownership of Building Areas” have been established on the disposition of the parking spots and garages in residential blocks,which this paper researches on to discuss the restriction of the parking spots and garages.As the laws in this area are general and local regulations are dispersed,this paper focuses on combing the existing laws and regulations,and study the reasons,ways and consequences about the parking spots and garages are limited.In short,who has the right to dispose of the amount of the parking spots and garages,and it will give some well-directed suggestions to problems concerning the disposal of the parking spots and garages.This paper includes four part:The first part discussions on the reasons and present situations about the parking spots and garages are limited.First and foremost,it should be clearly aware that the nature of garages and parking spots belong to distinguish ownership as well as supporting facilities.By clarifying on restrictive rules of the relevant local laws,government regulations and normative documents,this paper points out the present problems about unified norms of different regions and lacking feasibility.The second part focuses on the general rules about the disposal of garages and parking spots.Article 74 of Property Law prescribes that "it should meet the needs of the community owners",which emphasizes the priority of community owners in procedures,time and the amount.And hereby this paper tries to prove that only the practical need of community owner or the property owner shall be met.And then it demonstrates how to meet the needs at the perspective of subject qualification,method and ratio.The third part researches four particular problems in practice.It is the key points that are the problems are occuring frequently which are lack of consistent rules in practice.The first one is the rule of the disposal of garages and parking spots in the transaction of second-hand house.The owner must be limited by the rule of “meet the needs of the community owners first”,but not fully constrained by the proportion of configuration.The second one is the problem in the sale of garages and parking spots which are not synchronous.Rules in some areas stipulate that it should be synchronous during the sale of garages,parking spots and the house.However,the rule mentioned above may be the one of the reason to push up the price of the house,and more importantly,it is hard to implement.The third one is the mortgage of garages and parking spots.It is allowed to mortgage the garages and parking spots.The the ahievement of mortgage should be constrained by the rule of “ meet the needs of the community owners first”.The fourth one is the problem of the garages and parking spots which are only for rent.However,no matter the rent or the sale,it is the freedom of the developers,as long as the disposition of the developers do not damage the legal interest of owners.The last part exhibit a possibility to improve the current restrictive prescriptions.Necessity is the limited principle that must be kept with the disposal of the parking spots and garages.Furthermore,the reconsideration on qualification of the subject qualification and the method of disposal should follow the amendment of this restrictive rules.Finally,the illegal consequence and its nature need to be clarified.The first section of Article 74 entitles the right of claim to the property owners.In the end,the epilogue of this paper takes limitation on rights of disposition of the parking spots and garages into consideration.The limitation results from regulating real estate developers and protecting the parking rights of the property owners.Under the guidance of that,more supportive procedures remain to be improved.Last but not the least,more points need to be adjusted with the creations and development of parking facilities.