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随着我国经济的发展,国民收入水平的迅速提高,城市中有车一族的队伍正在不断壮大,导致城市小区停车位数量的增长跟不上汽车销售量的增长,车位供求矛盾空前尖锐,各地也频繁爆发小区业主与开发商之间关于小区停车位之间的诉讼。对于停车位的权属及其相关问题,世界各国的相关立法大不相同,我国目前的理论界目前也存在着多种学说,争论一直没有停止。物权法颁布后,对于相关法条的评析,也频频见诸报端。本文分析了我国《物权法》规定的问题,并提出了对策。
With the economic development in our country, the national income level is rapidly increasing. The number of car owners in the city is constantly growing. As a result, the growth of the number of parking spaces in urban areas can not keep up with the growth of automobile sales volume. The contradiction between supply and demand of parking spaces is unprecedented and acute. Frequent outbreak of cell owners and developers between the parking spaces on the lawsuit. As for the ownership of parking spaces and related issues, the relevant legislation in various countries in the world is quite different. At present, there are still many theories in our theoretical circles, and the debate has not stopped. Property law promulgated, the assessment of the relevant laws and regulations, but also frequently seen in the newspapers. This article analyzes the problems stipulated in China’s “Property Law” and puts forward countermeasures.