A Study On The Ownership Of Parking Spaces In Residential Areas

The property law in China and other laws and regulations to solve the residential parking space provides a basic legal right ownership dispute to follow,but due to the practice in the real estate market developers and owners of the community advantage position difference is significant,the problem has not been fully resolved,especially about residential district owner's priorities.In addition,there are also disputes about the agreed ownership of parking spaces in residential areas,which have not been well solved in practice.On the basis of combing various theories about parking rights in residential areas,this paper analyzes and discusses the above problems,and puts forward corresponding suggestions for legislative improvement by combining the legislation and practical experience in and outside the region.Firstly,this paper introduces the definition of the right of parking space in residential areas in China's laws and the mainstream theories and opinions of the academia on the right of parking space in residential areas,and puts forward the legislative principles of article 74 of the property law,including: 1.Should satisfy the reasonable need of owner above all;2.Determine its ownership by agreement;3.Common ownership by the owners.Then analyze the legal essence and characteristics of the parking rights in residential areas,and on this basis make clear which problems need to be solved in real life.Second,from the two aspects of legislation and practice in our country,the analysis of the current legislation in China on the provisions of the residential area parking problem about it and formed in the actual life practice,and from the two aspects of it,put forward the main problems about the residential parking space in our country,such as the problems of article seventy-four of the property law,the laws and regulations stipulation insufficiency,the parking unclear property right transfer and so on.On the basis of these problems,find solutions to these problems.Again,in order to introduce the two big legal systems about solving the problem of parking space ownership outside of legislative experience,on the basis of summary and analyze the legislative experience from foreign countries,combined with our country's legislation experience and practice,looking for the residential area parking rights belonging to our country on the solution of the problem there is reference value,and to draw lessons from the legislation value evaluation.For example,the legal classification of parking spaces is made according to the legislation of Taiwan,or a certain proportion of parking spaces are classified as the legal obligations ofdevelopers,and the value of this reference is evaluated.Finally,the author puts forward some feasible suggestions to solve the problem of the ownership of parking spaces in residential areas in China.Refine legal provisions to enhance operability;Improving the property right registration policy;We will improve relevant legislation and encourage developers to develop parking spaces.These measures recommended some principles and some specific,are in balance the interests of the owners and developers in residential district,according to different situation,to solve the problem of parking space of the residential area in our country belongs to provide some solution,these suggestions measures will greatly reduce the social life of disputes caused by parking space ownership problem.