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Judicial Analysis and Study on Underground Parking Lots in Residential Districts

Author: XiongChuan
Tutor: GaoJinKang
School: Southwestern University of Finance and Economics
Course: Civil and Commercial Law
Keywords: Property Law Condominium ownership Parking lot The exclusive Owners of autonomy
CLC: D923.2
Type: Master's thesis
Year: 2008
Downloads: 151
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Abstract

Recent years, with the improvement of people's living standard, more and more cars into the home, parking dispute increasingly frequent. Vesting on cell car garage, not only domestic academic practitioners have different opinions, overseas also discussed this issue quite warm. In practice, in such cases has gradually increased, because the law is unclear, there is often a large difference around the court judgment. In the process of writing this article, \The parking garage ownership provisions can be described as a ripple, the community has given considerable attention. Relatively speaking, \Therefore, I have chosen this issue as the main direction of the research. Collate and compare the existing research on this issue at home and abroad, I found that the conclusions the many writings eager reached underground car park in the end who, even put forward a number of criteria, such as the main thing The matter theory judgment, depending on whether the judgment included in the pool area, but most of these conclusions on the nature of the underground parking rights theory combing lack. I believe that, appeared in large numbers due to the dispute over the ownership of the underground car park in case all of the buildings appear in the context of urban space is increasingly crowded, so the discussion of the ownership of the underground car park, in the final analysis, or to discuss the distinction between ownership of the building whether its within the framework of this theory to find an appropriate position; addition, the utilization of underground space underground parking space right theory involves civil law whether this applies to, how to apply. These two issues is the logical starting point to discuss the issue of ownership of underground parking. Along this line of thought, I combed the condominium ownership Theory and space power theory: distinguish all buildings, underground parking either are proprietary parts, either total part does not exist between the two between the third case. However, according to the author of the analysis, the underground car park has neither the structural independence, but do not have the functional independence, in existing condominium ownership under the theoretical framework, it does not have to constitute proprietary parts elements, can only be defined as to distinguish all buildings total part. In addition, according to the space right theory, the space can be used as a stand-alone object the establishment of an independent usufructuary has general usufructuary identical power, but it must be independent of the space. And above-ground buildings connected together should not be identified as a separate space. Therefore, we can conclude: the ownership of the underground car park is owned by the owners of all distinguish total. However, the purpose of this article is not to simple to come to this conclusion, because reality tells us that in many cases, a total of a relatively low efficiency of the form of ownership, even disputes the source of. Therefore, you must make certain amendments to the exercise of the co-ownership from the point of view of improving efficiency. I therefore introduced a \exclusive use of exclusive or specific third person). The fundamental purpose of these rights, on the one hand, to achieve the best use, on the other hand the ownership clearly as possible, in order to reduce the contentious. According to this theory, we can as to distinguish between all the buildings, total part of the parking lot on the settings for specific distinction between ownership or a third person the exclusive use distinguish people from this part of the underground parking. This theory is more mature in Taiwan, China, and has been confirmed in the jurisprudence, the key is whether this theory can be compatible with our current laws. I believe that, set up in the common part the exclusive Right Statutory not break, but only by the claims of commons take full advantage and maximize resource efficiency. This is modern property rights system claims trend is consistent. \For example, can be considered to prepare a sample of the real estate sales contracts, supervision and management of administrative departments by the real estate convention in which the underground car park owned by all the owners there. Registration, underground parking should not be a separate registration, but should be included in the assessed area of ??proprietary parts. Conceived according to the author of the above, we may be able to explain in theory, but this presented great challenges to existing residential property management mode, we must rebuild the residential real authority - owners of self-governing institutions, to use order management district underground parking. Two questions need to focus on building owner autonomous institution: The first is the legal nature and status of the owner autonomous institution. Legal nature and status of owners of self-governing institutions in accordance with the common practice of the country or region of the world, can be summed up in two modes, namely management group mode and non-management groups mode. The so-called management group mode, is the legal recognition by all the owners of an organization, the organization has also been referred to as a management group, to be managed internally by the management bodies, foreign to all kinds of legal action or prosecution responding. The management bodies for the legal entity, unincorporated organization also thought. In this mode, the distinction between meeting the highest mean organ owners' committee is an executive organ of the owner. Both do not have to give legal status can be determined simply the legal status of the management bodies. Groups of so-called non-management mode, that is, the law does not distinguish between the provisions of the management bodies of the owner, but by the management authorities to manage. Administrative authority, including all distinction between ownership Meeting of distinction between ownership management committee, to distinguish between ownership meeting is meant organs, and the distinction between ownership management committee elected by the owners of all distinguish internal management activities and external legal acts and participate in related litigation. Second owners institutions of self-management rules. In general, the owners of autonomy are achieved by managing the Statute. From the procedures laid down by the Statute, the Statute is based on the distinction between owners desirable basis, it is essentially contractual Statute; Statute range of effectiveness, and the Statute of the effectiveness of not only the parties and contracted stance for a particular Following the effective by others, this general claims only relativity Statute also has the characteristics of the group contract; Finally, the Statute entered into, not due to to distinguish owners of turnover affect its effectiveness for this purpose, the Statute for the distinguish between the autonomy of all rules. Therefore, in accordance with the principles of the meaning of autonomy, contractual freedom of the statute was to distinguish the owner through the owners' meetings to set their own, but shall not be unlawful legal mandatory provisions, also shall not be contrary to public order and morals, or exclude, to change the nature of the distinction between ownership of. Owners of the Statute is to distinguish the highest degree of autonomy in all management groups norms and fundamental rules of autonomy, so not only the resolution of managers shall whom conflict is to distinguish between all the resolutions of the General Assembly also not with them contradict.

Judicial Analysis and Study on Underground Parking Lots in Residential Districts

Abstract

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