Research On The Legal Problems On The Ownership Of Residential Garage And Parking Stall

With the continuous development of China's socialist market economy and the improvement of national living standards,China's auto industry has been developed rapidly,with the numbers of private cars increasing significantly.However,not every family can own supporting garage and parking stall.As a result,the problem is coming.There are emerging more and more disputes among community owners,property service companies and developers on the garage and parking spaces ownership issues.Although China has made relevant provisions in the Property Law which has some effect on resolving the conflicts,it does not solve the ownership issue of garage and parking stalls in essence;instead,it only plays a guidance role as a law principle.In the judicial practice,the court has different trials on the disputes arising from the ownership and use of underground garage and parking spaces.In order to respond to the status of the garage and parking spaces with unclear ownership,the existing policies and regulations need to be improved.This will on the one hand maintain the normal operation of the developers and promote the developers to develop the parking garage and stalls as planned in commercial housing community as much as possible;on the other hand,it will meet the needs of owners on parking,fully protecting their rights on underground garages and parking stalls,and balancing disputes between the two sides.In the first part of this paper,it analyzed the identification and types of garage and parking stall.In the second part,it sorted the related legislations and experience on the ownership of foreign community garage and parking stall,and analyzed the experience which can be learned by China.In the third part,it analyzed China's legislation status on the ownership of community garage and parking stall,as well as the deficiencies,based on the actual situations in China.In the fourth part,it introduced the disputes and cases in China's legislative practice.It also presented the deficiency in legislation,as well as the disputes on the community garage and parking stall in academic world.In the fifth part,it proposed the suggestions on perfecting the related legislations on the ownership of community garage and parking stall.It put forward perfecting suggestions targeting on Property Law and related systems.The author hopes to research China's legislation issues on the ownership of community garage and parking stall,to seek the approach to really solve the disputes among owners,developers and property service companies.