Research On The Ownership Of Parking Spaces And Garages In Residential Quarters In My Country

With the rapid popularization of private cars in China,the number of cars has increased violently,and the difficulty of parking in urban commercial housing residential areas has become increasingly prominent.The parking spaces and garages in the community have gradually become scarce resources.In real life,community owners,real estate developers and property management companies often have disputes over the sale,lease,use,and income of residential parking spaces and garages.The root cause of these disputes is often the ownership of parking spaces and garages is unknown.Obviously,the statutory clear ownership is of vital importance,and only a clear definition of property rights can really play a role in resolving the disputes.Although Article 74 of China's Property Law clearly stipulates the principles and basis for the ownership and utilization of residential parking spaces and garages,it still fails to effectively solve the ownership problem of residential parking spaces and garages.Under the current too principled and vague legal system framework,theoretical academic circles,judicial practice circles,and local government departments have many opinions on the ownership of community parking spaces and garages.The opinions are different and there is no consensus.This paper takes the parking spaces and garages ownership of residential quarters in China as the research object,and studies the legal issues of the definition of parking spaces and garages ownership in residential quarters through classification analysis.The paper is divided into four parts:The first part is an overview of the ownership of parking spaces and garages in residential quarters,clarifying their meaning and types in practice.Through the analysis of the practical case,the problem of the definition of parking spaces and garages ownership of the residential quarters in China is revealed in the judicial practice: the courts usually have no unified standards,and often the case is similar but the judgment is different.The second part interprets China's current legal regulations and judicial interpretations on the ownership of parking spaces and garages in residential quarters,and analyzes the existing loopholes and deficiencies in legislation.Although Article 74 of the Property Law has made relevant provisions on the ownership of parking spaces and garages in residential quarters,its provisions are still not specific enough,and there are problems such as ambiguity,incompatibility and irrationality.The interpretation and application of the law are controversy in theory and practice,property rights disputes can not be truly and effectively resolved through current legal provisions.The third part is to evaluate the current several major methods of judging the ownership of parking spaces and garages,revealing the unreasonable and even wrong points of these viewpoints,and suggesting that we should determine the ownership of parking spaces and garages according to judgment criteria of the proprietary parts and the common parts under the framework of the theory of condominium ownership.The fourth part analyzes the relevant legislative provisions of other major countries and regions,and explores the references that our country can learn from;then proposes to improve the current legislation in China: First,clearly classifying to regulate the parking spaces and garages of residential quarters,realizing the ownership statutory;Second,,stipulating mandatory statutory construction obligations;Third,regulating the property of parking spaces and garages included in the real estate registration system,protecting the vested interests of residential parking spaces and garages owners.