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Commercial residential district underground parking tenure issues

Author: HuangZuo
Tutor: JinWenJing
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Underground parking spaces Ownership of rights Condominium ownership
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 151
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Abstract

With the increasing number of cars in China, the growing scarcity of urban land, residential area of ??the parking problem has become a condominium the most contentious issues in the ownership, residential property owners and real estate developers or property management company parking vesting continue to dispute, generated controversy. China's \The developers all bits are legally. The provisions of principle, ignore the different situations that exist in our parking. Because there is no distinction between the different types of parking, after its enactment, not in practice to solve the dispute over the ownership of the original had a large number of existing parking spaces. Therefore, this article attempts to build a reasonable parking tenure system, balance the relationship between the law to encourage and guide developers to build more parking spaces, at the same time meet their own legitimate interests, to maximize meet the parking needs of the owners. The body of this paper consists of four parts: the first part: commercial residential district underground parking overview of the legal ownership. In this section, first, the meaning of commercial residential district underground parking to define, determine the three sources of China's underground parking; Second, from condominium ownership perspective to define the legal nature of ownership of commercial residential district underground parking; final the point of view of the ownership of several of China's underground parking list after Comment on the inadequacies of the various theories. Part II: China's ownership of the status quo of the current commercial residential district underground parking. In this section, starting from the level of laws and regulations Underground Parking Lot Ownership legislative status quo; Second, starting from the level of local laws and regulations, listed a few of the more typical compared with representative local city legislative parking the the ownership described; once again, based on the above-mentioned laws and regulations determine standards of commercial residential district underground parking spaces ownership; Finally, the analysis of the problems that exist in our parking tenure. Part III: overseas countries and regions stop parking ownership Comparative Law. In this section, the first overseas underground parking Comparative Law; Secondly, underground parking outside ownership legislation summary; Finally, the reference to the national legislation of theories found worthy of our reference reference. Part IV: Thoughts on Improving the ownership of commercial residential district underground parking. In this section, first, of the law should be clear ownership of the residential district underground parking, two categories including legal parking spaces with additional parking spaces; Secondly, a clear legal right to the use of underground space, underground parking can be expected, and only so ownership registration; once again, immediately following the third part of the underground parking registration specify; Finally, given the legal status of the owners' committee, to assume the functions of management and supervision of parking. Finally, in conclusion: Parking ownership issue is not only related to the successful realization of the owners of housing ownership and the problem of the quality of the living, but also to the national air defense facilities, urban planning and other issues, so it is necessary for the specific circumstances of the country analysis and improvement. Owners parking use form of lease, the landlord is determined based on the residential construction area share of some of the parking spaces, enjoy Rental income determined according to their share of the share of the proportion of all parking spaces, take full advantage of the system design intent parking resources to be managed by the owners of autonomous organizations, safeguard the interests of all residential property owners. ?

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