Study On The Ownership Of Underground Garage In Residential Area

The underground garage in residential quarters is a place that is set in the underground space in the residential quarters, and the place for the purpose of the motor vehicle is parked. With the development of modern national economy, the number of private cars owned by residents of our country has increased dramatically, and it also faces the problem of "parking is difficult". And China’s current "property law" basically solved the parking spaces on the ground of ownership, but the "property law" some provisions are too simple and rough, for the practical problems to solve the operation is not very strong. Such as underground garage and become the core of the dispute and the core of the conflict. Parking spaces scarce resources in the residential area underground garage of the existing ownership is unknown, the real estate developers and owners of the legitimate interests in an uncertain state, seriously damage the legitimate rights and interests of the partiesThe healthy development of the real estate market. The ownership of the underground garage in the residential area is directly related to the interests of the owners and the developers and the convenience and safety of the life and work of the owners in the district.In such a social background written, the analysis method of deduction, induction, comparison, demonstration and so on, on China’s residential underground garage the ownership of were studied, we hope to be able to alleviate the social problems caused by the contradiction between supply and demand of parking spaces to help.The in comprehensive collection of our country about the ownership of the underground garage in residential area of work and on the basis of relevant information at home and abroad, first of all through the theoretical basis of residential underground garage management authority to further broaden to residential underground garage management authority in the main controversial theories and criteria of judgment, again by comparison perspective, it is concluded that the extraterritorial legal regulation mode of analysis conclusion and the significance to our country. And then to describe and comment on the legislative status of the underground garage management authority in our country, and finally put forward the corresponding suggestions for the improvement of the ownership of the underground garage in our country. In addition to the summary and conclusion, the main content is divided into four parts:The first chapter, first introduced our country residential area underground garage management authority law summary. Starting from the legal overview, we can see the necessity of the study of the problem, but also to solve the problem of residential area underground garage management authority of the foundation. Second, this paper introduces the main theory and the judgment standard of the ownership of underground garage in our country, and makes comments on the main theories and standards of judgment.In the second chapter, the legislation of foreign countries and regions is introduced from the perspective of comparative law, which is beneficial to the experience of the management of underground garage in our country.In the third chapter, introduces the legislative situation of our country residential underground garage management authority, including the "property law", "judicial interpretation", and the rest of the local regulations, the relevant provisions, and analyzes the relevant legislation.The fourth chapter, according to the above residential area underground garage management authority theory foundation, our country in this aspect the legislation present situation, the third chapter mainly to perfect our country housing plot underground garage property right to give some suggestions.