小区停车位权属问题的法律思考

发布时间：2018-04-17 21:33

本文选题：所有权 + 住宅小区　；参考：《青岛大学》2017年硕士论文

【摘要】：随着《物权法》的公布,小区停车位所有权问题得到一定程度的明确,但是由于《物权法》及其司法解释过于原则化,不够具体,不同的学者和当事人对法律的理解也有不少分歧,实务操作面临很多困难。本文就是依据上述的立法背景,通过价值分析和比较分析等方法对当前我国小区停车位权属问题进行阐述和分析。首先是对小区停车位问题的概述,对当前小区停车位的种类及权属进行讨论,学术界对于小区停车位权属的观点也不同,主要有约定归属说、业主共有说以及面积公摊说,我国当前采用的是约定归属的观点,从《物权法》中的规定也可以看出,但是约定归属看似是一种公平的方式,在实务中业主却处于一种弱势的地位,开发商掌握着绝大部分的信息及采用格式合同,业主几乎没有谈判的余地,本文通过对专有权和共有权提出自己的一些见解;其次是通过对外国和中国台湾有关小区停车位权属问题的阐述对比,发现可以借鉴的一些立法模式,比如台湾的分类设定停车位以及德国规定的通过立法明确停车位的权属的方法,但借鉴的过程中也要考虑到我国的人口众多等的一些国情;最后就是对小区停车位问题的立法完善,包括对《物权法》第74条的规定进行完善,明确“首先满足业主需要”的具体要求,明确“其他场地”的具体含义等。同时也要完善其他相关法律制度,例如不动产统一登记制度的完善以及房地产行业信息公开制度的完善等,通过法规之间的相互配合解决好小区停车位权属问题,减少纠纷的发生。
[Abstract]:With the publication of the property Law, the ownership of parking spaces in residential areas has been clarified to a certain extent. However, due to the fact that the property Law and its judicial interpretation are too principled, they are not specific enough.Different scholars and parties have different understanding of the law and face many difficulties in practice.This article is based on the above legislative background, through the value analysis and comparative analysis of the current residential parking space ownership issues are expounded and analyzed.First of all, it summarizes the problem of parking spaces in residential areas, discusses the types and ownership of parking spaces in residential areas at present. The academic community has different views on the ownership of parking spaces in residential areas. There are mainly agreed ownership theories, owners' co-ownership theory and area sharing theory.At present, our country adopts the view of contractual attribution, which can also be seen from the provisions of Real right Law, but it seems that the contractual attribution is a fair way, but in practice the owner is in a weak position.Developers hold most of the information and use of format contracts, the owners almost no room for negotiation, this article through the exclusive right and co-ownership to put forward their own views;Secondly, by comparing the ownership of parking spaces in residential areas between foreign countries and Taiwan, we can find some legislative models that can be used for reference.For example, the classified setting of parking spaces in Taiwan and the German method of defining the ownership of parking spaces through legislation should also take into account some national conditions such as the large population of our country.Finally, it is to perfect the legislation of parking spaces in residential areas, including the provisions of Article 74 of the property Law, the specific requirements of "meeting the needs of the owners first", and the specific meaning of "other venues" and so on.At the same time, it is also necessary to improve other relevant legal systems, such as the perfection of the unified registration system of real estate and the perfection of the information disclosure system of the real estate industry, so as to solve the problem of ownership of parking spaces in residential areas through the mutual cooperation of laws and regulations.Reduce the occurrence of disputes.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.2

【参考文献】