Research On The Attribution Of Underground Parking Garage Under The Background Of Civil Code Compilation

The rapid economic development in our country,the urbanization process is accelerated,increasing in high-rise buildings,residential owners number more private cars,but the shortage of community garage equipped with parking difficulty leads to the owner Plot parking difficulty is realistic problems,the area between owners and developers often plot underground garage ownership dispute,although the property law is parking garage made some rules,but because of the rules is too general can’t satisfy the living needs,so the civil code of the real right in details to the problem of underground parking garage ownership rules is the required time.On the type of underground parking garage,there are as supporting facilities of the underground parking garage,developers who developed the underground parking garage and make use of civil air defense engineering construction of underground parking garage,and discussing the focus as the supporting facilities of the underground parking garage on the ownership of the problem about the nature of the underground parking garage,a master-slave theory,the necessary supporting facilities and the theory of appended things equal and independent,these three theories have limitations,try to learn from the advantages of the three theories to create a new theory The main theory about the underground parking garage belonging,have all countries all said,"the owner said,developers said,ownership and registration agreement,the owner said all the more in line with the latest theory of civil law about the standard of underground parking garage ownership,there are equally Shared area,plot ratio and the theory of construction cost,can be combined with stand aside to see three theories,the final underground parking garage belongs to the owner.In our country civil law theory and academic point of view analysis of the underground parking garage at the same time,also with the method of comparative law to study abroad as well as the regulation of our country Taiwan area of underground parking garage,selected from four different modes:the United States there are models,Japan’s proprietary,Germany proprietary mode and the mixed mode of Taiwan in our country,and has carried on the comparative analysis to the four patterns,get some reference significance.Based on the case of three different judgment results,the paper summarizes the dispute focus of underground parking garage Problem four main underground car park in our country,nature is not clear,the ownership type single,unclear ownership,lack of registration system,aiming at the four problems,combined with their own thinking,to perfect our underground parking garage ownership problem,make recommendations from four aspects:clear the legal nature of the underground parking garage,increase the underground parking garage ownership types in China,China’s underground parking garage ownership,improve the system of the underground parking garage registration in China.