Study On The Rules Of Confirming The Right Of Underground Garage In The Community

After the promulgation of the Property Law,article 74 has become an important basis for determining the rights of underground garages.Since the reform and opening up,the residents’ living environment has been updated rapidly,and the ownership disputes of the underground garage in the community have been increasing day by day.The "agreement theory" rule of confirming the right adopted in the underground garage of the community in article 74 of the "Property Law" has inevitably exposed its shortcomings,which cannot meet the actual judicial needs.The real right title in the Civil Code makes a structural split of the original Article 74 of the Real right Law,but does not change the specific content of the article,and continues to follow the rule of "agreement theory".Although the stipulation follows the principle of autonomy of will in civil law,in fact,the premise of adopting the stipulation is not clearly confirmed.Furthermore,there are defects in the real right of underground garage,such as whether or not to register and how to register without uniform reference provisions,resulting in judicial practice and theoretical circles on the determination of the right of underground garage,underground garage owners to protect the legitimate interests of a lot of inconvenience.From the perspective of legal text,China’s current rules on the district underground garage right confirmation is the use of "convention".,through the real right of the civil code of civil law of the People’s Republic of China on the people ",related judicial interpretation system of relevant laws and regulations for underground garage explanation,the current legislation for plot underground garage equaling the lack of underground space right system,the plot underground garage made by fuzzy rules and underground garage ownership power shortage,etc.From the perspective of judicial practice and litigation practice,the imperfection of legal provisions leads to the confusion of judgment rules.Taking 146 cases of confirming the right of underground garage in residential area as samples for analysis,there are as many as 8 kinds of rules about confirming the right of underground garage in residential area in China’s current judicial judgment,among which,the agreement says to come first,the registration says,the co-ownership says,the cost apportionment says,the land value added tax deduction says and the floor area apportionment say occupy less proportion respectively.The theoretical basis and application of all kinds of rights confirmation rules are different,and their application effects are different.Combined with the specific background of the dispute over the ownership of the underground garage in the residential area in China,the thinking and methods of other rights confirmation rules can be considered to improve the application of the convention.In order to perfect the rules of confirming the right of underground garage in our country,and solve the dispute of the right of underground garage,we should start from two aspects of legislation and judicature.Firstly,starting from the legislative perfection of the right confirmation rules of underground garage,the legal system of underground space right in Our country is constructed and the underground garage registration system of community is improved.Secondly,respond to the underground garage counterpoising truly disputes judicial predicament,underground garage from the actual operation level specification made by equaling the dispute the application of the rules,the underground garage made by the referee,the need to clear the said agreement applicable condition,the only in the area of the underground garage is not assessed and the construction of the underground garage expenses shall be borne by the owner of the said circumstances can use agreed rules determine the ownership of the underground garage.