Study On The Ownership Of Residential Garage And Parking Space

With the development of economy and society,the old as a symbol of wealth car has entered the homes of ordinary people,a surge in automobile ownership and limited parking garage,the contradiction between the increasingly intensified,but the legislation as the best tool for resolving disputes,but there is no good to realize oneself should settle disputes and have clear ownership the function of.China’s regulation of parking garage ownership of the main law-"property law" article seventy-fourth with vague chaotic strokes written,did not specify the parking garage ownership.On this issue,scholars mainly formed a contract,the owner said,developers said,all countries all said four views,this paper believes that behind these four views are different interests,and the correct legislation should be between the owner,avoid leaning to either side,developers and the state to reach a "carefully balance".How to achieve this "cautious" balance,on the one hand to learn Germany and the United States,Japan,Taiwan of China and other developed countries and regions,capture the "essence of jade hills",on the other hand should be based on the national conditions,in view of the current problems of community garage and parking management authority in the the existing problems in legislation,such as the legislative fuzzy unknown ownership,agreed to say,mainly has the disadvantage of not considering the interests of the lessee,the specific and detailed design of the system.Based on the above ideas,the main body of this paper is divided into five chapters:The first part is an overview of the parking garage ownership,including parking garage ownership theory background,classification,theoretical disputes,mainly introduces the theoretical background of the modern property rights theory and the theory of the condominium ownership,the main types of the small area of the parking garage into parking spaces on the ground,underground garage,overhead layer parking garage,air defense and other types of theoretical disputes mainly stipulated in the contract,the owner said,the developers of all countries and all say that.The second part analyzes the legislative status and problems of the ownership of garage and parking spaces in our country,and points out that this paper is to think about the problem from the angle of the balance of interests.The main analysis of the legislative status of "property law" article seventy-fourth,start from two aspects: "legal" and "limited agreement";the legislative problems of fuzzy legislative unknown ownership,property registration system lag,failed to distinguish type discussion.The third part analyses the judicial status and problems of the ownership of garage and parking spaces in our country.Judicial status describes two case judge thought our country parking garage ownership form,are the owners to enjoy the ownership of garage support the idea and support the idea of developers to enjoy the ownership of garage,and introduces typical cases;judicial problems are mainly around the court and the referee is not unified basis is not clear,no reason fully.The fourth part is the comparison research of parking garage ownership problem,briefly introduced the United States,Germany,Japan,China’s residential parking garage ownership problem in Taiwan legislative and judicial experience,and a comprehensive comparative analysis,in order to make a mirror.The fifth part is to solve the problem of parking garage ownership of our country,points out that there are three keys to solve the parking garage ownership problem: the first is the distinction between different types of parking garage ownership were determined,the second is to pay attention to residential property owners,developers,national social(public interest)the balance of interests between the third is based on the national conditions.This part of the specific analysis of how to distinguish between residential garage,parking spaces identified ownership and how to distinguish between statutory parking spaces,the addition of parking spaces,incentives to determine the ownership of parking space.