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Research On The Ownership Of Parking Spaces In Residential Areas From The Perspective Of Civil Code

Posted on:2024-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:W J HuFull Text:PDF
GTID:2556307124481834Subject:Not a law student
Abstract/Summary:PDF Full Text Request
By searching the keywords of "parking space ownership" on the China Judgment Documents Network,it is not difficult to see that disputes over the issue of parking space ownership have lasted for a long time in my country,and after the Civil Code was promulgated and implemented,the lawsuits against such cases not only did not decrease,On the contrary,there is an increasing momentum.Therefore,it is urgent to improve the relevant legal system and resolve disputes over the ownership of parking spaces.However,the types of parking spaces in residential quarters in my country can be mainly divided into agreed parking spaces,non-agreed parking spaces,and civil air defense parking spaces.The ownership dispute issues they face are different,and the theories formed by the academic circles around their ownership issues also have different views,mainly including the owner-owned theory,the developer-owned theory,the public sharing area theory,the owner coowned theory,and the state-owned theory.Since the current law only makes some principled regulations on the issue of the ownership of parking spaces in residential areas in my country,but does not make more detailed regulations on specific content,as a result,in practice,disputes over the ownership of parking spaces continue and the judgments of local courts the standards are different and the differences are large.Under the perspective of the "Civil Code",the study will focus on issues related to the ownership of parking spaces such as the unclear ownership of ordinary parking spaces and civil air defense parking spaces in residential quarters in my country,inconsistent identification standards,and large differences in judicial judgments.It will also put forward corresponding improvement suggestions,aiming to resolve related conflicts and promote the harmony and progress of a society ruled by law.
Keywords/Search Tags:community parking space, civil air defense parking space, ownership disputes, ownership of rights
PDF Full Text Request
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