On The Ownership Of Residential Parking Spaces In The View Of The Right Conflict

This paper introduces and studies the ownership of residential parking spaces.The full text is divided into three main parts: the preface,the text and the conclusion.The introduction is something about the aims,reasons and methods of this paper.The current residential parking conflict of different ownership rights,ownership is not clear,in practice caused a lot of disputes.Combining with the actual case,from the unique perspective of the conflict of rights,through the analysis of the meaning of residential parking spaces,classification,properties,characteristics,research the ownership of residential parking standards and rules,and to perfect the legislation and put forward relevant opinions and suggestions.The main body consists of four chapters.The first chapter,through four real cases,reflects the existence of a number of rights conflicts in the area of parking spaces,and proposes that the task of this paper is to explore the ownership of residential parking spaces.The second chapter is an overview of the first residential parking spaces,residential parking spaces introduced by many different names,meaning and classification,this paper clearly studied parking spaces,garage.Then analysis the legal nature of residential parking spaces and the academic circle about whether independent parking(an important component),accretion,object,ground attachments(space right)views are introduced and evaluation conclusion.Finally,analysis the causes of residential parking right conflict from two aspects which are the complexity problem of parking spaces ownership and its legislation fuzzy.The third chapter is the ownership of residential parking spaces and the conflict of rights balance.First of the residential parking spaces all the meaning,subject,object and content are briefly analyzed,and lay the foundation for the discussion of the right of ownership.Then,through the introduction and analysis of the pool area,the construction cost,the volume rate,the parties agreed several ownership judgements,obtained the first the presumption of the owners,but the pool area should be integrated,the actual construction cost,allowing developers to conditionally obtain ownership view.Finally,from the angle of right conflict balance,the paper analysis how to balance the interests of all parties in the ownership of residential parking spaces and that the exercise of rights.The fourth chapter is to improve the residential parking legislation.First to the United States,Japan,the introduction and analysis of parking legislation in Germany and Taiwan in China,in order to be absorbed in the legislation of our country,and finally puts forward some legislative suggestions on how to solve the disputes of parking area.The conclusion part of this article discusses the various points of view that were summed up and summarized,based on the ownership of residential parking spaces on the basis of the standard.