Commercial Residential Floor Underground Garage Ownership Attribution Theory

The ownership of underground parking and garage in the residential buildings as commodity has been the one of the major disputes among the developers, owners and property management units. It can be divided into air defense projects underground garage and common underground garage by whether it is civil air defense projects.To get an accurate location about the nature of underground garage is the prerequisite to solve the ownership. There four theories about the nature. They are original theory, accretion theory, using right of the property and the exclusive part of the different ownership of the buildings. The original theory neglects the independence of the usage of the underground garage. The accretion theory cannot be applied between the movable property and fixed property .The integration theory concludes that the underground garage movable with buildings is unreasonable. The main problem of man-using right and space right which are belonged to usufructuary right is run away against our country legal system and it has almost no practical usage, what is more it runs away against the existing law in China. The underground garage has structural independence, using independence and legal independence. Generally speaking, underground garage has its own independence and it can be the object of ownership and the exclusive part of the building condominium ownership which is the point of this dissertation. The identification about the ownership of the underground garage can be concluded as the following parts: contract theory, national ownership theory, ownership of developer theory and the buyer ownership. All these theories have their own advantages and disadvantages. The standards include: the agreement of the parts, independent object, investment condition, cost building area, the sharing of land and public sharing. These standards have some theory value and practical value. But it is not rigorous as a judging standard. In the practice, some registers are not written down about the building land. So the sharing theory as the judging standard is not feasible. The existing Property Law cannot assure the justice about the contract process and the contract result which means that the ownership of the understand garage belongs to the developers. The relationship of the man-made project and its original conception has been misunderstanding according the ownership of developers. Although, whichever way to share the understand garage, the owners have pay for the price of the garage, so they should get the underground garage. But sharing theory as the judging standard of the ownership of the understand garage is not reasonable; what's more the man-made project belongs to the country.Although which way the proprietor shares or publicly shares the underground garage is still debated in the theory and the standard of sharing or public sharing should be further scrutinized. The dissertation agrees that the Property Law should follow the principle of meeting the needs of the owners first, setting up the ownership system in which the legal public ownership as the main standard, the contract ownership and exclusive using system as the auxiliary standard. It means that the underground garage belongs to the owner in principle and it can be divided into the form of exclusive part in agreement and special usage. Meanwhile, considering the man-made defensive underground garage has its public nature, it can be written in the law that the man-made defensive project belongs to the country to meet the needs of the public.