The Research Of Distinguish Between Parking Spaces In All Buildings, Garage

"process law" for the first time established a system of condominium ownership. whether in the legislative process, or "process law" has been promulgated, parking spaces, garage problems that have been theorists and practical focus of debate. with the increasing popularity of private cars, parking spaces, garage distinction gradually become scarce resources within all buildings. therefore, parking spaces, garage disputes arising from the increasing number of parking spaces, the rights of ownership of the garage seems to become more intense. while in theory of condominium ownership in China has many unique view of the theory, but in normative legal documents, all the systems in our condominium is considered a new phenomenon, "Property Law" is the first time the law form, establishing a system of condominium ownership. But specifically related to parking, the garage there is a problem only three of the provisions and principles are some of the provisions of this for the problems encountered in practical operation is far from enough. This article seeks to parking garage on the basic theory, from a large number of domestic and foreign current theory and practice based on solving parking spaces, garage type, and nature and rights of ownership of parking spaces, garage, the core issue.In this paper, the main method is investigated by comparing the law to find a system suited to China's specific national conditions system. China's domestic on parking spaces, garage issue, the doctrine of more theoretical circles, but not the formation of normative legal documents, from the central to local laws and regulations in this area there are very few. Only the "Property Law" in a clause, but also the Supreme Court, "on hearing specific cases of condominium ownership disputes, the interpretation of Application of Law" in the two provisions. However, the more foreign legislative, and each country's legislation on this vary, and even diametrically opposed, so explore this question, must established under the condition of our country, or talk of the system, or Foreign Experience directly make no sense.The paper tries to parking spaces, garage type of start, to establish different types of parking spaces, garage ownership rights. Parking spaces, garage type on this is a very important issue, because without a reasonable division of the discussion paper will lose the right to the ownership of the premise. Through a lot about domestic spaces, garage type theory by combining the actual existing parking spaces, garage type, on this issue the more unique views. From that foundation, focusing on the parking spaces, garage ownership discussions is this part where this article innovation, by owner's design of priority system, identify all the buildings on the parking spaces, garage mandatory allocation ratio of provides the time and because the owners have priority in the allocation ratio to purchase parking spaces, garage, should also enjoy "cheap" treatment. This constraint developers from three aspects, to the reasonable profit margin compression, thus protecting the interests of owners.