| Residential districts are the living environment for urban residents.With the development of the economy,motor vehicles have increasingly become people’s daily travel tools.The rapid increase in the number of urban residents’ car ownership has spawned a shortage of parking spaces in residential areas.The resulting disputes over the ownership of parking spaces in urban residential quarters have become a difficult problem in social governance.Although my country’s civil laws and regulations clarify the ownership and determination principles of certain types of parking spaces,the generality of legal provisions has led to confusion in the application of courts in judicial judgments and there are many differences between theory and practice.According to whether the ownership of parking spaces in urban residential districts in our country can be agreed as a standard,it is divided into two categories: agreeable and non-agreeable.The parking spaces to which the ownership can be agreed upon,in accordance with the principle of autonomy of will and the agreed disposal of ownership;under the circumstances that can be agreed but not agreed,based on the master-subordinate relationship and according to the specific circumstances,it can be determined to be owned by the developer or the owner.It is not possible to agree on the ownership of parking spaces,which shall be handled in accordance with the principle of legalism: parking spaces with civil air defense engineering attributes in urban residential quarters shall be owned by the state;other parking spaces shall be owned by the owners.Through judicial practice cases,the aforementioned principles for determining ownership of parking spaces have been tested and found that there are many misunderstandings in practice regarding the authenticity of the agreed expressions and the clarity of “first meeting the owner’s needs”.It is necessary to distinguish the ownership of parking spaces in urban residential communities.Based on the type,the identification is strictly in accordance with the ownership rules.The article aims to further clarify the ownership of parking spaces in urban residential communities in my country through a categorization method,combine with typical cases in judicial practice,study and judge the legal basis for determining the ownership of different types of parking spaces in urban residential communities in my country,and analyze the ownership of parking spaces in academia.The pros and cons of the four doctrines of determination of ownership are intended to resolve and improve the disputes and problems arising from the process of determining the ownership of parking spaces from the legislative and judicial levels. |
