Legal Thinking On The Ownership Of Parking Spaces In Residential Areas

With the release of the property law,residential area parking space ownership have a certain degree of clear,but due to the property law and its judicial interprtation are too principled,not specific enough,different scholars and parties understand there are many differences of the law,practice is faced with many difficulties.Legislative background of this article is based on the above,through the value analysis and comparative analysis methods such as the current our country community parking space ownership problems are expounded and analyzed.First is a general overview of the area parking problem,discussed the type and the ownership of parking space for the current village,academia for residential parking space ownership point of view is different also,mainly has agreed attribution,co-owned by the owners and the equally Shared area,said China's current adoption is agreed upon in the point of view,and can be seen from the "property law" the regulation also,but agreed ownership appears to be a fair way,in the practice of the owners are in a weak position,the developer holds the information that the vast majority of format contract,owner has almost no room for negotiation,residential parking space ownership of contrast,found a method that can be reference to some of the legislation such as the classification of Taiwan set parking Spaces and parking Spaces in the German regulations legislation to clear the ownership of the method,but also want to consider in the process of reference to some conditions such as a large population in China;Finally is the residential area parking problem of the legislation,the first is to "property law" article 74 to carry on the consummation to the deficiencies,clear the specific requirements of the "first of all meet the requirements of the owner",clear the specific meaning of the "other space" and so on.Also should perfect the relevant laws and regulations,like real estate improve the unified registration system and the perfection of information disclosure system of real estate industry,the interaction between different regulations passed good residential parking space ownership problems,reducing the occurrence of the dispute.