Analysis On Legal Issues Of Commercial Pool Area

With the deepening of housing reform and the socialization and commercialization of urban residents' housing, the commercial trade dispute is increasing in housing. Especially after the promulgated of "Property Law", the real estate contract in the housing area of dispute is rising, in which pool area of the building are defined and calculated as a point of contention. Based on the analysis of the legal nature of pooled area of the building and controversial point, summarized in some typical types of dispute the pool area, combined with current legislation and judicial practice, the definition of the pool area, ownership, dispute settlement mechanism put forward their own views.The first part is a case description. Through the introduction of the real estate contract dispute case, this part analyzes the two sides' focus of controversy and puts forward their point of view.The second part is the legal analysis of the pool area. Starting from the scope of the pool area and the relevant legal provisions, this part illustrates the legal nature of the pool area, on this basis, analyzes the typical pool construction, such as, the basement, garage, parking spaces, green spaces, property service spaces, and puts forward their views.The third part generalizes the dispute type of the typical types of pool area. Through the analysis of controversial issues on calculation, ratio, ownership of pool area, combined with current dispute approach of pool area, this part puts forward their views.The forth part describes the different attitudes on pool area in the present theorists and practice session. This part focuses the "abolition of war" of pool area and explains their views. At last, it analyzes the negative effects on the abolition of pool area, and proposes the necessity and rationality of the pool area.The last part rethinks the dispute settlement mechanisms on pool area. Through the analysis on the relevant legislative proposals, the legal coordination, the judicial relief system, this part describes the current ways and means of the dispute resolution on the pool area. Ownership...