JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2018, Vol. 31 ›› Issue (4): 20-26.DOI: 10.13766/j.bhsk.1008-2204.2018.0170

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On Ownership of Community Parking Space

LI Beini   

  1. Law School, Tsinghua University, Beijing 100084, China
  • Received:2018-05-22 Online:2018-07-25 Published:2018-07-26

Abstract:

China has not yet formed its own unified legal system for the parking space authority in solving issues on community parking space ownership and transfer. Though Article 74 of Property Law of People's Republic of China and Article 5 of Interpretation of the Supreme People's Court concerning Some Issues on Application of Law for the Trial of Cases on Disputes over Condominium Ownership have introduced initial regulations, they are unclear, causing dilemmas in applications for various types of parking spaces. As for local regulations, although more detailed provisions have been introduced, there are different emphases. This paper proposes applying Condominium Ownership as a framework for issues on community parking spaces. Parking spaces can be divided into various types including independent parking spaces, ground parking spaces, underground parking spaces, parking spaces on the first open floor, and parking spaces on the roof platform. Based on different characteristics of various parking spaces, classified analyses are conducted to discuss whether these parking spaces could be taken as objects of exclusive rights under the theoretical framework of Condominium Ownership, and finally rights of ownership are determined according to the Principle of Distinction. For parking spaces owned by the developer, the "priority to meet the needs of the owners" requirement is refined from three aspects:the nature of the specification, the detailed operations of the specification, and the violations of the specification, so as to fully protect the interests of the owners. Based on the reference to the parking space system in Taiwan, this paper also proposes that a legal proportion of the allocation should be established. In view of the developer's absolute superiority in real estate information and prices, a disclosure system for the development cost of real estate companies should be established, and a registration system for parking spaces should be improved under the unified real estate registration waves. For Owner Committees, they should make full play of the committee system, as they are closely linked to parking spaces with management functions and their capabilities are greatly enhanced with the awakening of people's rights consciousness and more participation.

Key words: community parking space, condominium ownership, c-ownership of community, restructure of ownership, registration of parking space

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