Research On The Disposal Of Parking Space And Garage In Residential Districts

With the continuous development of our economy and society, the continuous improvement of living standard, modern family car has become an important means of transport travel. Naturally, as a residential site car parking space and garage has become more and more important. On residential parking space and garage legal issues, largely domestic academic concerns about its ownership. In fact, with the "People's Republic of China's Property Law" (2007) and "The Judicial interpretation about co-ownership and condominium "(2009) have been introduced, residential parking space and garage has been basically attribute. But for various reasons, our law on disposal of residential parking space and garage, are more the principle of the provisions. Domestic scholars also have few studies on this issue. In view of this, based on our existing legislation, this paper reviews and discusses residential parking space and garage in disposing of the issues which arise, and puts forward a sound and improving residential parking space and garage disposal system of specific proposals and measures.This Paper is divided into four parts, nearly 3 million words. The first pait is about the basic theory of disposal of residential parking space and garage. Mainiy elaborate residential parking space and garage with dual properties:one, for the exclusive part, a proprietary object; one, facilities, support facilities. The first property of parking space and garage, making it the exclusive part of the nature of ownership, can be individually set to become the full property, which the exclusive owner can possess, use, benefit and disposal. Owners of parking space and garage in order to achieve its economic value can dispose their parking space and garage. However, residential parking space and garage is to serve the residential quarters of the support facilities, so the owners of residential parking space and garage can not be free to determine their freedom of disposal of space and garage, such as the free sale of its third party other than the owners. Therefore, the disposal of residential parking space and garage is subject to certain restrictions.The second part is the disposal system of Comparative Law of residential parking space and garage. The disposal of residential parking space and garage, in the other countries and regions has different approaches. Other national and regional disposal system of residential space and garage has a major reference to our disposal system of residential parking space and garage.Through making a comparative analysis of the provisions of disposition, the following conclusions can be drawn:first, countries and regions on the disposal of residential parking space and garage is varied; second, disposal of different types of parking space and garage have different restrictions; third, set up different types of parking space and garage, different types of parking space and garage are not the same disposal rules; fourth, disposal of parking space and garage must to be appropriately registered in order to demonstrate the effectiveness of disposal, avoid disputes and maintain the stability of the legal relationship.The third part discusses Chinese legislative status of disposal of the residential parking space and garage. On the current legal framework in China, this part makes a detailed analysis of disposal subject, scope, method and effect of the residential parking space and garage, raises and answers whether the third party other than the owners can be a transferee, whether the parking needs of the lessee "should first meet the" range, all of the owners to dispose of their parking space and garage; if by "first meet the needs of the owners" restrictions and developers disposing parking space and garage, can "only sell not rent" and other issues.The fourth part is about the specific improvement of disposal system of residential parking space and garage. In this part, in order to improve disposal system of the residential parking space and garage, the author proposes:first, residential parking space and garage should define the with construction of parking space and garage, the additional parking space and garage and the property owners shared parking space and garage. The disposal of different types of parking space and garage are different. Second, clearly defined parking space and garage disposal for the improper behavior can be revoked, giving the owners the right to revoke. Third, clearly defined that parking space and garage must to the unified registration, and disposal of parking space and garage is corresponding to the registration.This paper researches China's current disposal system of residential parking space and garage with several methods, such as empirical analysis and comparative analysis. On that basis, this paper points out the problems, puts forward some measures to refine and improve the legislation. However, due to space limitations, there are many problems have not yet covered in this paper. It needs to be further improved.