Theory Of The Ownership Of Garages And Carpots In A Housing Estate

At present,there are some characteristics in legal practice of dispute in garages and carports like this: at spatial dimension,the municipalities directly under the Central Government and the southeastern coastal areas have larger number of disputes in garages and carports than the Midwest arrears and Northeast China Region;at time dimension,there are more and more cases after the implement of property law;at the dimension of hearing procedure,garages and carports cases gain less acceptance than the property cases at the same period.We should bifurcate the garages and carports.One kind is carports that can not be registered.The other kind is carports that can be registered.The first kind of carports are not rare in real life.There are many disputes triggered by this kind of carports because there are no distinct legal basis about them.Judges sentenced these cases differently.Different courts make different judgements.Even the court of first instance and the court of the second instance make the same judgements at the same case through different theoretical basis.The autor obtain the methods to dispose disputes of carports which can not be registered.We should judge the carports are civil defence constructions or not.If these carports are civil defence constructions,abide by the rule of contributor obtaining the benefits,the property developers will gain the profit of the carports,while the state get the proprietorship.So the building will play their role in the war.If the carport are not civil defence buildings,the proprietors get the ownership.These carports and garages which can not be registered are out of the planning area.If they belong to the property developers,they will be sold to the persons who have not bought the house estates,or their rent price will be risen,or they will be not repaired immediately when they are out of work.So the proprietors’ benefits will be damaged.The carports that can be registered are divided into ones that occupy the co-ownership part of the planning areas and ones that do not occupy the co-ownership part of the proprietors.They are in the planning area.Theoretically,the carports and garages in housing estate can be divided into four kinds.The first one is the kind of carports and garages which are in the planning area occupy the co-ownership part of the proprietors.The second one is the kind of carports and garages which are in the planning area do not occupy the co-ownership part.The third one is the kind of carports and garages which are out of the planning area occupy the co-ownership part of proprietors.The forth one is the kind of carports and garages which are out of the planning area do not occupy the co-ownership of proprietors.The forth kind does not exist in real life.There is not any dispute in the second kind and the third kind.There are no provisions of law for the first kind of carports and garages,so there are lots of disputes in legal practice.The author demonstrated the viewpoint that the carports and garages in the planning area which occupy the co-ownership part of the proprietors belong to the proprietors.This is the theoretical basis upon which the author verdict the ownership of the carports and garages in the planning area that occupy the co-ownership of proprietors in the preceding part of the text.