On The Ownership Of Parking Spaces In Residential Areas In China

In recent years,with the deepening of reform and opening-up,China's rapid economic development,accompanied by the rapid development of the real estate market,the amount of private car insurance rose sharply,developers,owners and third persons due to residential parking space ownership disputes arising from more and more prominent,parking space "only sell not rent" "rent not for sale" Such as the real estate market chaos.The promulgation of the Property Law,to a certain extent,solves some residential parking space ownership disputes,but because its provisions are too macro,not clear enough,operation is not strong and other reasons,did not fundamentally solve the problem,but make the contradiction safter prominent.If these problems are not properly solved,they will easily become a destabilizing factor that endangers the society and affect the stable development of the economy and society.At the10 th meeting of the Standing Committee of the National People's Congress on April 27,2019,the second deliberation draft of the property rights of the civil code was reviewed,but the provisions on the ownership of parking spaces were not adjusted compared with the property law,which had strong social repercussions.Therefore,it is necessary to researh the ownership of parking spaces in residential areas from the theoretical and practical aspects.This paper first leads to a case to draw the problem stoist to be solved by the study.The first part of the text,starting from the definition of parking space in residential area and the ownership dispute,clarifies the concept and classification of parking spaces in residential areas,analyzes the different theories of the legal nature of parking spaces,such as the theory of the res capitalis and res accesoria,the necessary supporting facilities,the theory of the apposition,the theory of independent property,and the relationship between the parking space and the flat ownership.It is concluded that the parking space is not the res accesoria of distinguishes all buildings,nor does it belong to the add-on of the construction land of the residential area,and it belongs to the property of the flat ownership;Since then,it analyzes the different theories of parking space ownership,such as the theory of ownership of registration,the theory of area sharing,the theory of cost sharing,the theory of plot ratio,the theory of owners sharing,and the theory of developers ownership,found that the above doctrine can not be used as a criterion to judge the ownership of parking space or the only standard to resolve the parking ownership dispute this universal problem.The second part,the analysis of different countries and regions of the parking ownership system status quo,found that most countries and regions have clearly defined the "relationship between parking space and flat ownership" "agreed to belong to the scope of parking space",and "first meet theneeds of the owner" as the legal obligation of developers and detailed norms.The third part analyzes the deficiency of the ownership rules of parking space in residential areas of our country under the system of property law,and puts forward the theory of flat ownership as the starting point,and makes theoretical thinking on the definition of ownership rights from the original acquisition and succession of ownership of parking spaceines in residential areas:First,the ground parking space belongs to the common part of the division of all buildings,the first floor of the building overhead parking space,the ground independent multi-storey parking space,the underground parking space belongs to the exclusive part,the building roof platform parking space belongs to the common part or the part of the exclusive part,the developer originally acquired its ownership due to the construction behavior;Second,the parking space may be acquired by the owner by agreed manner,but the parking space belonging to the common part of all buildings shall not be agreed to be owned by the developer;Third,in the absence of agreement or explicit agreement to belong,the ground parking space belongs to all owners,the first floor of the building overhead parking space,the ground independent multi-storey parking space,underground parking space belongs to the developer,the building roof platform parking space belongs to the building of all owners or for the top floor of the specific owner exclusive.The fourth part,combined with the above analysis,drawing on the experience of parking space ownership in different countries and regions,from perfecting the "proprietary or common" "agreed attribution" and "should first meet the needs of the owners" rules,as well as underground space rights,real estate registration management system five aspects of the proposal,In order to provide reference for the study of related issues,to solve China's long-standing residential parking space ownership disputes and "only sell not rent" "rent not sell" and other real estate market chaos.