Study On The Ownership Of Parking Spot And Carport In Residential Community

With the development of economy and popularity of cars, the ownership of parking spot and carport gains more and more attention from residents, but the correspondent laws and regulations of our country are not perfect. Regulations on the ownership of parking spot and carport vary in different countries and areas in the world, and thus the studies on this issue vary as well. However, with no exception, every country and area studies this issue in combination with its actual development condition and seeks for balance between efficiency and equity through the improvement of relevant laws and regulations, which is very enlightening to China’s study on this issue.Before the promulgation of Property Law of the People’s Republic of China (hereinafter referred to as the Property Law), the focus of the ownership of parking spot and carport lied in the establishment of the condominiums ownership system on the basis of the analysis of the ownership of parking spot and carport, this was especially obvious in the review process of the draft of Property Law. After its promulgation, the focus of study was shifted to the understanding of principles and applications:on the one hand, it is how to understand and interpret the ownership and use of parking spot and carport according to principles of the Property Law; on the other hand, it is to understand the specific measures in the practical application of this principle. Although the promulgation of The Interpretation on the Trial of the Condominium Ownership Disputes over the Specific Application of Laws refined the rules over the ownership of parking spot and carport, it failed to fundamentally solve the theoretical and practical problems. The academia has more to the theory to evaluate the rationality and to modify the ownership of parking spot and carport, instead of studying on the perfection of laws and regulations based on the existing laws.This thesis first takes its legal basis from relevant regulations on parking spot and carport in The Property Law of the People’s Republic of China, The Interpretation on the Trial of the Condominium Ownership Disputes over the Specific Application of Laws, Civil Air Defense Law of the People’s Republic of China, The People’s Republic of China City Residential Area Planning and Design Standard Specification and Urban Underground Space Development and Utilization Management Regulations and borrows ideas from other countries and Hong Kong, Macao and Taiwan regions in combination with the issue of the ownership of parking spot and carport in practice. And then, this thesis targets on the referee of real case and summarizes the problems in identifying the ownership of parking spot and carport in laws and in practice. Finally, the suggestions are provided based on the existing laws through academic analysis and actual practice. This thesis starts from the legal property of parking spot and carport and proceeds to introduce the definition and categorization to identify the legal attribute of parking spot and carport; Second, a comparative analysis on the advantages and disadvantages of relevant regulations on parking spot and carport in Germany, France, Japan, American and China’s Hong Kong, Macao and Taiwan regions is provided in order to offer help to our country from the level of laws and regulations; Then, an analysis on the identification of the ownership of parking spot and carport in residential community in domestic academia and in legal practice is provided to draw out the areas in which China’s laws and regulations need to be perfected. Finally, this thesis puts forwards specific perfection measures on the defects of the existing laws and regulations.