Judicial Analysis And Study On Underground Parking Lots In Residential Districts

Rise in recent years, living standard with people, the automobile enters a family more and more , competing of vehicle place gradually appears right away frequently. Belonging to about housing estate vehicle garage, educational circles reality is engaged in a boundary not only in the homeland Accounts differ and opinions vary, also discuss that pretty enthusiastic abroad (overseas) to this problem. Writing issues the main body of a book for enforcement formally in process, "owership law " behind almost going through setbacks. Be law's turn to can be termed like this , one stone has raised a thousand ripples , the general public has given pretty big attention all to that by the problem regulation to vehicle place garage right. The dispute comparatively, mixing up , arousing the regulation coming say "owership law " relatively to underground parking place right category is the most , space having investigation and discussion theoretically also. Therefore, the author has chosen this one problem being the main direction studying.Home and abroad owes a problem the now available research result queen face to face , the author finds that in having arranged , having compared, many author's work of in the homeland is anxious to reach an underground parking place after all return to whose conclusion, have suggested that many judge a standard even also, but have combed deficiency mostly to underground parking place right character theory. The author thinks , discussing the underground parking place right is, still need whether this one theoretical frame inner can be that the person seeks to a appropriate location to discuss that distinguishing proprietary right in the building after all; Making use of besides, being space because of the underground parking place to ground, deals with if upper civil law space right theory here apply to , how to apply to therefore. This two problems are to discuss that parking are is admitted at groundHave been in carding along this train of thought , author thinking after the building distinguishes proprietary right theory and space right theory: In distinguishing all buildings, the underground parking place either be to belong to the exclusive part, or be circumstance belong to that a common part , nothingness are situated between both third kind. But, analysis according to the author, because of the underground parking place now that not having structural independent character , not having upper independent character of function more, whose not having the important condition composing the exclusive part's , can only a whose community be fixed for the joint possession part distinguishing all buildings under distinguishing the proprietary right theoretical frame therefore in now available building. Reaching the underground parking place right therefore , as a matter of course is common be to belong to the entire differentiation proprietary right people.The main body of a book purpose is really not to be going to reach this conclusion simplely but, tell us because of reality is hit by much case, common source of being a comparatively low proprietary right of one kind of efficiency form , being a dispute even. From angle exercising getting on the stick to right of common, way makes certain amendment therefore , be obliged to. The author has led into "common part special use servitude " therefore theory, is to be that the specially appointed differentiation proprietary right people interposes special use servitude , person carries out usage on the underground parking place from this part differentiation proprietary right on common part. Person has occupied the right distinguishing the proprietary right people other in fact since these distinguish proprietary right , they have also needed to pay the certain fee thereforeThis one theory is in already parallel our country Taiwan area maturity , get and confirmation already in legal precedent , at the same time neither, conflict with our country current laws each other , can think therefore draw lessons. Since but "owership follows the moon issuing not count for enforcement ", the short-term inner has big modification impossibly, therefore the present stage can think aspect carries out certain adapting to circumstances other. The form convention underground parking place in passing the form clause among them return to for instance , being able to consider the sample book superintending the bargain managing administration designing a commercial residencial building from real estate, entire proprietor joint possession. In the aspect registering, the underground parking place also is inadvisable to register alone , the accrual enters but exclusive part sharing covering an area of middle.According to author's above-mentioned tentative plan, we maybe can secondary theoretically make make an explanation, this has brought forward very big challenge to now available housing estate estate management pattern but right away , we must carry out again structure build on the real organ of power of housing estate proprietor autonomous body , has come to manage housing estate underground parking place sigmatism order.