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The Analysis Over the Ownership of the Parking Ports or Garages in Community and the Relative Issues

Author: LiXiaoLin
Tutor: HongHaiLin
School: Southwest University of Political Science
Course: Legal
Keywords: parking ports & garages ownership to meet the need of owners first common property
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 295
Quote: 1
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Abstract

In recent years, with the rapid growth of the numbers of autos in cities, the parking ports or garages in communities becomes the serious problem with the a lot arguments though the Property Law and the judicial interpretation of the classification functions of the construction had made the special rules by Supreme Court. And this paper gives the classification of the building as the parking ports and the garages as the three-dimensions garages, the upside garage, the top-floor garage, the flat roof garage and the underground garage according the various constructive sorts based on the definition of the parking ports and garages. So the legal quality of the parking ports and garages should be defined as the part of the complete set of the whole building but not the additional part or the secondary part. According to the independence of the functions and structures about the parking ports and garages, they are the objectives of the estates’ownership in the registration of the estates. And the ownership theories regarding the parking ports and garages are the following mainly: the ownership of holder, the one of the developer and the one of state and the one by the contracts. The final one would be adopted in the Property Law by the way of the contract first and the legality second to endow the ownership to the developer. And this legislation is questioned by many experts as its neglecting the inequity essentially between the owners and the developers. This paper states that the standard of the theoretical and legal should be considered with the various constructions fort the ownership to give the conclusion that the three-dimension, the part of underground belong to the developers and the rest should be the common properties by the whole owners in the community. Another important problem regarding the garages is that how to catch the meaning of the clause that“to meet the owners needs first”. There are so many different explanations in academia before the judicial interpretation of Supreme Court: some of them consider it as the preemption or the priority of rent; and some of them think it as the developer should meet the demands by owners by anytime and some of them said that the Property Law has made a new legal right that the priority meet at this point. With the judicial interpretation promulgation, the context regards the sells, the endowments or the rents and other ways to dispose the parking ports or garages by the ratios to the owners would be the meaning of“to meet the owners’needs first”. And the judicial interpretation also ruled the certain standard with the progression but the disadvantages are also obvious: one is to limit the ratios’meaning to hard works; two is to unclear rules of the saving rights of the owner to strike the breaks of the constructors in the serious leak in legislation; three is the liability subject as the constructor that would be opposite the Property Law; four is the unreasonable expiration which takes the unstable element to the transaction market to hurt the benefits of developers and owners; five is the extensive contradictions of rents between the owners and the developers and so on. At last, this paper compares the relative regulations with the foreign legislations to analyze the two model as the common and monopolize one of their advantages and disadvantages from the aspect of the legal qualities, the judgment and the gambling ways and makes the deeper analysis of the unfavorable situation worried by the experts in common model such as the activities of developers and the equity of the owners without the cars, which states that the common rules clearly in China. Under the frame of the common model, the author also focuses over the independent operating garages, the parking ports to resolve the insufficient of the public garages with the principle of the effects first and then fairness to use the land resources effectively based on the various approaches of the problem-solving.

The Analysis Over the Ownership of the Parking Ports or Garages in Community and the Relative Issues

Abstract

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