Research On Ownership Dispute Of Ground Parking Space In Residential Area

With the continuous development of urbanization and the improvement of people’s economic level,the number of commercial housing construction is gradually increasing,and the demand for parking space is also increasing,and the dispute over parking space ownership is gradually emerging.From the perspective of protecting owners’ rights and interests,the law restricts developers’ rights and protects owners’ rights and interests,and stipulates the ownership of parking Spaces and garages through the Civil Code of the People’s Republic of China.However,as the situation of the ground parking space becomes more complex in practice,the disputes on the ownership of the ground parking space become more acute.Although the law has made corresponding provisions on the ground parking space in the community,the legal definition and nature of the ground parking space in the community are vague and involve multiple stakeholders such as developers and owners,which brings more difficulties to the judicial practice.On the one hand,the situation of ground parking space in judicial practice is complicated,which cannot be explained and comprehensively covered simply by laws and regulations.On the other hand,the parking space property registration system has not been established,and there are different views in the academic and practical circles.Although the Supreme People’s Court issued the judicial interpretation,hoping to further explain the relevant laws to alleviate the problems in judicial activities,it has not achieved good results.This paper starts from two practical cases of Dijinghaoyuan parking space dispute case and property right protection dispute case between Mangshi Delilong Community Owners Committee and Dehong Hongji Real Estate Development Co.,LTD.,combined with the views and objections of judicial judgment,analyzes residential parking garage ownership problems.Through analyzing the theories of ownership of ground parking Spaces such as "developer ownership theory","owner ownership theory","from the theory of things" and "floor area ratio theory" in the theoretical circle,the paper discusses the classification of ground parking Spaces and the corresponding property registration issues,and then comes to the view that ground parking Spaces should be defined according to the classification of parking Spaces and carry out corresponding property registration.At the same time,it interprets the contents of articles 274 and 275 of the Civil Code of the People’s Republic of China,such as "first meet the needs of the owners" and "common site",analyzes the legal provisions of the owners’ priority and how to meet the owners’ preemption right,and then puts forward suggestions.