The Ownership Of Parking Space Dispute In A Residential Quarter

With the rapid development of the economy,there are a growing number of people owning cars.Although the emergence of a large number of motor vehicles has facilitated our daily travelling,the the difficulty of parking is followed.Not only is it difficult to park in public areas,but also more difficult to park in residential quarters.As the demands for parking spaces continue to increase,it is not surprising that parking spaces are more expensive than cars.Under this economic pressure,the owners’ dispute over the ownership of parking spaces has led to a large number of lawsuits,which arouses the attention of judicial scholars,however,the articles of law on ownership identification of parking spaces and the judicial interpretations are too simple and vague,which cannot solve the problem of ownership of parking spaces.This thesis analyzes the case of parking space dispute in a residential quarter with the relevant theories to identify the ownership of underground parking spaces in residential quarters in China,and puts forward some suggestions.The first part mainly states the basic case and summarizes three controversial points of the case.The second part focuses on the controversy of this case.Firstly,the thesis,based on the condominium ownership,Article 74 of the Property Law and various academic viewpoints,analyzes the ownership of parking spaces beyond configuration.Secondly,this thesis analyzes the underground two-storied parking spaces with construction of civil air defense and identifies the property right of the parking space.Finally,taking the priority right of the owner specified in the first clause of Article 74 of the Property Law as the standard,this thesis analyzes the relationship between the priority right of the owner and the ownership from the perspective of the owners’ rights and protection.The third part provides some suggestions to prevent and deal with such an dispute.