Study On The Ownership Of Community Parking Lots

At present, with the development of China’s economy, automobile has becomethe important transportation tool for residents in our country, parking lots and garagesare also important considerations when buying a house. However, due to the scarcityof urban land resources, residential parking spaces growth is difficult to keep up withthe growth in car ownership. The relationship between supply and demand ofcommunity parking lots is contradictory unprecedented, which results to frequenteruptions of lawsuits on this problem. To solve the problem of community parkinglots and garages,74th of “Property Law” has made principled definition on theownership issues, but its provisions are not clear, and did not distinguish differentkinds of parking lots. Although “The Judicial Interpretation about Co-ownership andCondominium” and many local regulations have been introduced, they still leavemany problems for legal practice. Therefore, this article will elaborate the ownershipof community parking lots and garages in our country, combing with "Property Law"the74th.The article is divided into five parts, the main content is as follows:In the introduction,the writer introduce the current situation of the parking lots inour country,and point out the problems through two cases.The first chapter introduce the basic theory of community parking lots andgarages ownership. Firstly,the writer define the concept of parking lots, and divide garages into two parts: the proprietary parts and the common parts, with the help ofthe condominium theory.The second chapter is about legislations in the United States, German, France,Japan and Taiwan. In this part, the writer analyze the different rules on garagesownership in different countries, learn experiences and lessons from them, to modelfor our country’s legislationThe third chapter discusses the the current system of parking lots and garages inChina. The writer analyze "Property Law" the74th, including the legislativebackground, the basic content, the positive significance and the major problems of it.Then, point out some problems in the system.In the fourth chapter, the writer put forward some improvement suggestionsabout the parking lots and garages ownership system in China. Suggestions aiming atthe problems in the third part will be offered, including define the ownership ofresidential parking garage, refinement "meet the need of the owners firstly", specificlimitations when sell the proprietary parking lots, improve the parking garageregistration system, etc.