On The Right Of Ownership Of The Garage

After our country housing system reform, the real estate profession obtained the very big development, the general residents during the quality of life enhances, is facing a question day by day, namely "stops difficultly" question. The plot stops is getting more and more difficult, to cause the owner, the developer dispute to be increasingly fierce. For many years, has produced from the dispute emerges one after another incessantly, the owner therefore sues the developer the case also sees the press repeatedly. So-called "struggle of the parking" the main performance is the power is unclear, our country "Reality of laws" attempts from the legislative stratification plane to solve this kind of dispute, but has not noted our country garage the power is the present situation completely, for this reason the paper take building discrimination all theories as the basis, Start with the garage law attribute, legal rules and the learning viewpoint carry out analysis on various that current in relation to it's right belongs to, thereby building-up now that accord with building distinguishing all theory, the right belonging to the garage judging a standard , striving to make belongs to the garage , vehicle place right suiting China's actual conditions have rules to follow.The paper divides three parts.The first part, present situation of garage in China. This article discusses the garage mainly refers to the underground garage, mainly has the following four kinds about the garage ownership's viewpoint. "Reality of laws" the 74th treaty ignores the principle between the developer and the owner the bargaining position and the consultation ability difference, also existed in the understanding puzzled. "Reality of laws" the sixth chapter about owner's building discrimination property rights' stipulation, first time has constructed our country's building discrimination property rights system from the law, thus solved the garage ownership problem for us from the discrimination property rights angle to provide the system guarantee.The second part, the possibility of the garage being exclusive part and the pattern of the garage ownership. The garage power is the pattern is by no means only, speaking of our country mainland, our country Taiwan area legal altogether has partial and the appropriation part coexisting legislative pattern has certainly certainly profits from the significance. The building distinguishes a extremely important principle of all system being to distinguish the building object god of the earth if without the exclusive part, is a common part. The author thinks that the underground garage is to have independent character's on structural and making use of, can is the exclusive part, but we do not discriminate against a garage, as common part possibility. Distinguish proprietary right theory according to the building, the garage law character only has two kinds simply right away , a kind of belongs to joint possession , a kind of belong to exclusive , be only a pattern being able to adopt legal common and exclusive coexistence on belonging to problem.The third part, the concrete system construction on the garage right ownership. In the present law has not been clear about the garage right ownership in the situation, may consider that mentions by the share expenses determines the garage the ownership, but because uses in common the area to be unable to determine, Whether the garage can count at present enter share area is also uncertain, and in actual operation, also, the calculation equally sharing area by all must pass the special field formula and comes be completed accurate measuring and calculating, the period wants to deal with the problem that volume leads too, Therefore, the author suggests ought to use the Taiwanese legislation pattern for reference , leads into the legal garage and makes the legal garage return to proprietor common invisible right in order to protecting a proprietor clear. Need to ensure that the garage gives priority to satisfying proprietor's need , control the outside rationally except price is in progress to the garage, need the marriage partner to be let be in progress restricting to the garage. At the same time, the garage sell procedure also needs the standard. "Reality of laws" had not stipulated that the owner committee's nature, the author thought the owner committee common other organizations, it has by no means on behalf of the owner carries on the lawsuit ability.