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On the residential area garage property ownership

Author: ChenCong
Tutor: HouJian
School: Fudan University
Course: Legal
Keywords: Residential garage Property ownership Property Law
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 143
Quote: 1
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Abstract


Along with the rapid development of China's economy and people's living standards improve, the car has become an important means of transport in the daily life. Parking is difficult \Although China's Property Law Section 74 provides for the principle of the residential area parking spaces, garage tenure issues, but still left to the legal practice of many problems. This article aims to research the ownership of the residential area garage, by drawing on different theories and different countries and regions, the law on this issue, to explore how to improve and how to better implement in practice \. The text is divided into four chapters. Chapter on \74 of the Property Law to determine the owners priority principle agreed attribution rules, and the range of the owners of parking, residential parking spaces, the first form of law provisions. In addition, co-ownership from condominium ownership of theory and analysis of two aspects of the usufructuary space right theory of the problem of ownership of residential garage. The second chapter focuses on the residential area garage ownership doctrine, including owners Total developers all convention the vesting says, countries all said and architectural planning said. The owners there said all said and developers, respectively, from the two extremes of Uptown Garages rights attributable to the complex issues simple attributed not to analyze specific issues; convention vest said in many cases ignored the agreement both sides whether equal status, agreed the result is a fair question; countries all said is based on the transformation of the garage of the civil air defense projects proposed, apparently under the conditions of market economy does not have general applicability; architectural planning said that the residential garage belonging to housing facilities, Supported Housing function but confuse the function of supporting the right to vest the concept, the two can not be equated. The author advocates difference all residential garage type refinement, distinction, in order to determine its ownership of rights. Chapter extraterritorial Uptown Garages ownership Comparative Law, summed up the problem of residential garage through a comparative analysis of the relevant laws of the United States, Japan, Germany, France and Taiwan, two different legislative mode: proprietary mode and Total mode. China's legislation may wish to draw the advantages of two legislative mode, to refine the residential garage, in different ways and proportions to determine the ownership of rights. Chapter analysis of our current laws defects the residential district garages ownership provisions, including the owners priority operability is not strong, the convention of the negligence of the attribution rules, does not require a proportion of parking spaces, and do not consider the needs of national defense and anti-terrorism. Therefore, this study suggests that the exclusive right to establish the total part of the building, a clear right to use and registration system of underground space, perfect type of developers building cost information disclosure system and requires the owners of the garage. Through the analysis of the issue of ownership of residential garage improve the relevant systems and regulations, proper practice to resolve disputes and promote the construction of our harmonious community.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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