The Research Of Ownership Of Residential Parking Spaces

With the promulgation of the "Real Right Law",the issues related to the ownership of parking spaces have been defined to a certain extent,but because the "Property Law" and its interpretation are not specific and too principled,different people made some differences of understanding to the law.Practical operations face many difficulties.This article is based on the legislative background,through comparative analysis and other methods of current China's residential district ownership of parking spaces related issues are described and analyzed.This paper first summarizes the theory of ownership of parking space and building ownership of residential quarters respectively,and explains the important significance of the ownership theory of buildings in determining the ownership of parking spaces.Furthermore,by analyzing the legislative status quo of China's " Real Right Law " and local regulations,the current classification of parking spaces in the community and the legal basis for determining the ownership of residential parking spaces are discussed.Because many scholars have already disputed the ownership of the parking space in the community,but the perspective of the entry and the point of view are different.This article starts with the analysis of the concepts and characteristics of the ownership of the building,and refers to the academic community ownership of the parking space.The main points of view include registration,area sharing,owner's ownership,developer's all stated and agreed ownership,and analysis of pros and cons.In view of "Real Right Law" currently used by the agreement of the ownership point of view,it seems to be a fair way,but did not change the condition of residential parking spaces is unknown,it can no longer meet the needs of China's economic development.In order to further clarify the ownership of residential parking spaces,based on the study of building ownership,property rights theory and the current status of China's existing legislation,this paper puts forward its own opinions on specific types of ownership of parking spaces in residential areas.Finally,some suggestions on improving the relevant system design for the ownership of parking spaces in residential areas and on the transactions and use of parking spaces in residential areas are provided.