All The Buildings Of Distinction Residential Garage, Parking Circulation Study Legal Issues

The74th article in the Property Law and the5th article in The Judicial interpretationabout co-ownership and condominium are the special articles about the circulation ofcommunity garage and parking space,regulate the restrictive condition,subject, way,scopeof the circulation of garage and parking space and the judgment of the restrictivecondition.But the legal provisions is relatively principle, together with legislative ideas donot conform to the actual situation, the existing circulation system lack of operability andusability. Based on the empirical analysis and comparative analysis, this paper makes anin-depth analysis and discussion of the circulation of garage and parking space.The paperis compose of four chapters.The first chapter is about the overview of the basic legal issues of the circulation ofcommunity garage and parking space,including the concept,type and legal nature ofgarage and parking space,the focus is the analysis of the legal nature.Through the analysisof different angles, garages and parking spaces have the following legal nature:garagesand parking spaces can be either the exclusive pat or the public part;while garages andparking spaces also have the nature of supporting facility in the community.These naturesdetermine the feature of he circulation of community garage and parking space:circulableand restrictive,independent and dependent is coexistence.The second chapter discusses the existent legal provisions about the circulation ofcommunity garage and parking space. Because of the principle of the existent legalprovisions leads to the disputes in the circulation of community garage and parkingspace.Through the detail analysis of the existent legal provisions, with the legalinterpretation and social reality, we clear reasonable rule of the definition of theownership,the true meaning of the restrictive condition.In addition,this chapter analysesthe case that violate the principle of legal effect,point out the errors,and submit somesuggestions.The third chapter discusses the current situation of the circulation of communitygarage and parking space.Based on the analysis of the sale,leasing,mortgage and other ways of the circulation of community garage and parking space,asks and answers somequestions like whether the third paty other than owner can be buy garage and parkingspace and the corresponding restrictions,the unfairness between the transferee parties,thelag of the registration of the garage and parking space.This chapter along with the secondchapter constitute the general analysis of the circulation of community garage and parkingspace.The fourth chapter is about the legislative recommendations of he circulation ofcommunity garage and parking space.In response to the problems that submit in thesecond and third chapter,refer to the advanced experiences of developed countries andregions,submit some improvement proposals that meet our social reality.We can learnfrom the experience of developed countries and reasonable system design, combined withChina’s actual circulation,build new system of the circulation of the community garagesand parking spaces,and we can modify the existing legal provisions base on the referenceof the advanced experiences of developed countries and regions.Besides, the perfectgarage and parking space registration system, pre-rental system, and the litigation subjectqualification of the empowerment to owners’ committees can achieve the goal ofcomprehensive maintenance of the circulation of the community garages and parkingspaces.