Research On Typical Cases Of Parking Space Contract Disputes

At present,the problem of "difficult parking" in residential communities is becoming increasingly prominent.The "separation of people and car" is often implemented in the newly developed residential areas,and the purchase of corresponding parking Spaces at the same time has become a practical choice.The parking contract disputes subsequently appear,and the trend has increased significantly in recent years.Although the Civil Code of the People’s Republic of China has improved the general contract rule system on the basis of the previous contract law,and has also established perfect real right protection and relief rules in the real right compilation,it still inherits the provisions on parking space in the property law,and the content of the provisions has not been changed,and the related problems involved in the dispute over parking space contract have not been effectively solved.Through a comparative analysis of 50 typical parking contract dispute cases,this article aims to explore the similarities and differences in judicial practice and the differences in the determination of different types of parking contract disputes by combining legal provisions relating to parking space contracts,and to seek solutions at the legislative and judicial levels,with a view to promoting uniformity in adjudication and further improvement of relevant laws.This document is divided into four chapters.Chapter 1 is the introduction,which describes the background and significance of the chosen topic,the current state of national and international research,and research ideas and methods.Chapter 2 illustrates the selection process of typical cases of parking contract disputes,summarizes the basic situation of the cases,and highlights the research significance.All cases were searched on the China Judgment Documents,using the keyword "parking contract",from January 2012 to September 2022,a total of 9,392 cases were selected from which 50 cases of judicial decisions were analyzed in detail(see the appendix for a list of 50 parking contract litigation cases).Chapter 3 takes 50 cases of parking contract disputes as the context to sort out the differences in judgment,mainly involving:expression of intention judgment;whether the term of use of the parking space exceeds 20 years,whether the parking space is vested in the developer,whether it needs to be registered to become independent ownership,whether the nature of the transferred right is ownership and whether the parking space is returned to the owner upon expiration;and whether the contract is invalid.Chapter 4 then addresses the conflicts and observations of adjudication analyzed in the preceding chapters and proposes a path to resolve them:(1)attaching importance to the true intention of the parties;(2)leaving more room for nameless contracts,strengthening the management of property rights,and imposing certain restrictions on the right to use parking spaces;(3)distinguishing the types of untrue intention and unifying the standards for judicial determination of fundamental breach of contract.