商品房住宅区停车位产权归属探讨-民商法学专业论文.docxVIP

residential quarters using the comparative analysis method, value analysis method and example and illustration methods and other study methods. Part 1 consists of the discussion about the necessity of the study of the title to the property of car parks at commercial residential quarters. By theoretical and empirical survey findings, practical demands, theoretical study and loss of systematic researches make it extremely necessary to make a study of the tiles to the properties of car parks in commercial residential quarters. Part 2 consists of an introduction to legislation and theories of the state regarding the titles to the properties of car parks at commercial residential quarters as well as an introduction to the legislation and mainstream theories in France, Germany, Japan, the USA and Taiwan of China. We hope that it will be some reference to the legislation in our country, especially in respect of value orientation in legislation. Part 3 is the key in this Article. Theoretically, it compares and analyzes the mainstream viewpoints on the titles to the properties of car parks at commercial residential quarters. It is believed that the theory of the right to space is the summary of the foregoing points of view, and moreover, it does not conflict with the existing laws and regulations. The grounds of legislation can also be found in the Real Rights. It solves theoretically the problems with the grounds of entry rights that are unable to be interpreted by the above views, issues of the right to use land for underground car park exits as well as the issues of construction and buildings in air or underground unable to be treated by the theory of ground rights. Therefore, compliance shall be followed. Part 4 is the development and application on the basis of Part 3, that is, confirmation is made to the titles to the properties of ground car parks, roof car parks, overhead car parks and car parks in the basement at commercial residential quarters in accordance with th