The Study Of The First Clause Of Article 74 Of "Property Law"

It has always catch Legal person’s attention that developers sell residential district parking Spaces to Non-residential people that jeopardize the interests of the owner. According to China Judgements Online, the number of this kind cases is rapidly rising trend. In judicial practice, Court sometimes make opposite referee to validity of contract between the developers and Non-residential people. There are two reasons for the opposite judgements:On the one hand, what specific refers to "owner’s needs" for paragraph 1 of article seventy-four of the property law. For the owner of a parking space between have the same need to how to solve. On the other hand, Judge have different understanding about the nature and content of " firstly met the needs of the owner ".The first part of this article by importing the related cases, puts forward research questions:" What is it the owners needs?" What is the standard of meeting the needs of the owners? How about validity of contract between the developer of the investors and nonresidential person? In the second part mainly includes the urban residential district, what kind of parking Spaces belongs to meeting the needs of the owners and the general theory about the ownership of parking garage. The third part is introduced to how to identify the needs of the owners and related applicable standards. Mainly includes:how to correctly understand the needs of the owners. The solution about the owners who have the same need to the parking space. The rationality of meeting the needs of the owners by the allocation of parking space. The fourth part is introduced validity of contract that not firstly met the needs of the owner. Mainly includes:The distinction between effective compulsory norms and administrative compulsory norms. Normative quality of article seventy-four paragraph 1 of the property law. Developers and owners signed a disciplinary action within the allocation of parking contract effectiveness. The fifth part is introduced remedy right of the owner who was infringed.Mainly includes:subject range of person who has the remedy right. What kind of claims should put forward to subject of the right. Distribution way of retrieved parking space. Retrieve the allocation of parking Spaces.