On The Garage In Residential Property Rights

With the rapid development of China's economy and people's living standards, vehicles have become an important means of transportation in people's daily life. "Parking is difficult, "the problem is becoming increasingly prominent. Although China's "Property Law" Article 74 has made principled definition of the ownership issues of residential parking spaces and garage, however, the definition still leaves a lot of problems for legal practice. This paper is aimed at studying the ownership of the garage of the residential district, by drawing on different theories and legal provisions in different countries on this issue, then exploring how to improve and how to better implement the provisions of "Property Law" in practice. The paper is divided into four chapters.The first chapter describes the "Property Law " the relevant provisions of residential garage and the principle of ownership. "Property Law" Article 74 of the main owners of identified priority principle, agreed to the principle of attribution and the owners of the range of total parking spaces, for the first time in the form of legal parking spaces on the residential provisions have been made. In addition, from a total of condominium ownership of the usufruct right to the theory and theoretical aspects of space on the right to ownership made a plot of the garage.The second chapter discusses the ownership of residential garage, the main theories, including the owners there said that developers all is said and agreed that ownership, the state said all that, and construction planning. By the owners and developers all say that from two extreme right of ownership of residential garage to a conclusion of this complex issue, there is no specific issues and problems; agreement that is attributable to neglect, in many cases whether the equal status of both parties agreed, agreed Question the fairness of the result; the state that is based on the transformation of civil air defense projects proposed by the garage, apparently in the market economy does not have universal applicability; construction planning, said that the garage area for housing facilities, housing for use with auxiliary functions, But it confused the function of supporting the concept of ownership and rights, the two can not be equated. Therefore, the author argues that all differences that by refining the type of residential garage, the right to discriminate and determine its ownership. The third chapter is the extra-territorial ownership of residential garage Comparative Law, through the United States, Japan, Germany, France and Taiwan comparative analysis of relevant laws, summarizes the problem of residential garage, two different legislative models:proprietary models and there mode. May wish to draw in the legislation of both the advantages of Legislation on residential parking spaces, garage for refinement, the proportion of different ways and the right to determine its ownership.The fourth Chapter analyzes the current legal ownership of the relevant provisions of residential garage defects, including the owners of the operational priority is not strong, and they agreed the principle of attribution of negligence, does not require the ratio of parking spaces, without considering the needs of national defense and terrorism. Therefore, we suggest the establishment of the exclusive right to use the building there are some clear right to the use of underground space and the registration system, and improve the information disclosure system developers, construction costs and requirements by the owners of the garage type.This paper analyzes the issue of ownership of residential garage; improved the relevant systems and regulations; properly solved practice disputes, thus promoting the building of a harmonious community.