The Perfection Of The Seventy-fourth Law Of Property Law

Reform and opening up 30 years,the people's life had great progress,not only meet the basic needs,a well-off life also let car has gradually become the standard of Chinese households.The increasing range of vehicles,with the rising demand for parking space.Law is the specification of the society,the article 2007 of the property law in 2007 in response to the actual needs,in the basic law in response to the ownership of residential parking Spaces.But close scrutiny,found in article 74 of the property law in the context there are many contradictions and unreasonable place,the main problem is that the ownership of the parking garage determine principles that shall be determined between developers and owners,follow the principle of party autonomy on the surface,but not from the legal level to clarify the nature of the residential area parking garage and the ownership,result in theory and practice the question constantly,and bring a lot of ownership dispute.This article is divided into three parts,the three parts around the property law article 74,to interpret the property law from different angles,and modify and perfect Suggestions are put forward.The first part is the article 74 of property law is insufficient.This section from the progressive significance of property law article 74,article 74 of the property law context of trapped,the ownership of the property law article 74 trapped.From the point of the property law was background,article 74 of the property law in the legal system construction,community owner's equity of the appropriate tilt and appropriate allocation of rights and interests of developers have positive significance.However,in terms of its literal meaning,is \"planning\" for parking,parking places and garages,what is a \"first meet the needs of the owners\",what is the \"way of selling,complementary using or leasing,etc agreed by the parties' ownership and so on question has not been clear,interpretation of ambiguity.Interpretation on the ambiguity of the ownership of the trapped,the surrounding property law article 74.The residential area parking space ownership shall be determined between developers and owners,owned by the developer,owned by the owners,etc.Different views.The first part of this paper to analyze the above views one by one,points out its positive meaning,and points out its unreasonable place.The second part of article 74 of the property law shall be applicable to the reality.Based on the property law article 74 under the background of the legal effectiveness,points out that the property law article 74 of the context is not clear under the condition of ownership disputes,including residential area parking quantity is limited,in short supply;Parking space \ "only sell it or not,\" intensified contradictions;Parking space to become investment,export situation serious;\ "Civil air defense parking\" sale,ownership is more into puzzle and so on practical problems,and to respect the property law article 74 effect,on the basis of article 74 in the context of ownership of the property law defines the interpretation and clear,namely according to different types of parking space,one for each of the land use right theory,building a total of theory,master-slave theory,allocation theory,cost theory,investors profit theory to determine the ownership.Based on the above theoretical arguments,in most cases,you can judge the residential parking Spaces belong to the owner.Based on this cognition,this part of nanjing drum tower district court also walking city garden of the underground parking garage case has carried on the review,the first-instance judgment and review decisions with this part of the demonstration results try to another possible walking case verdict.The third part of article 74 of property law,experience in using the experience of Taiwan area in our country and the United States,on the basis of this paper tries to qualitative and classification of parking Spaces in residential district and the approval,and based on this,advances for the modification of article 74 of the property law,including the modified principle,modify the content as well as supporting the improvement of the law and so on.