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学界多从车位所依附的土地使用权入手,以是否计入容积率、是否计入公摊面积等标准来判断车位权属,有其合理性,但《物权法》未考虑到强行性规定的必要性和车位的实情多样性。我们主张区分小区车位的类型,就法定配建车位、自愿增建车位、利用共用道路和其它场地设置车位,分别设立权属认定规则。弥补《物权法》的漏洞,进一步明确法定最低配建车位所有权依法强行归属于业主共有,以及车位使用权的行使与保护规范,使相关司法解释更具有可操作性,定纷止争,提高车位利用效率。
The academic circles mostly start from the land use right attached to the parking spaces to determine the ownership of the parking spaces based on whether the floor area ratio is included in the pool area ratio or not. However, the Real Right Law does not take into account the necessity of the mandatory provisions Variety of facts and parking spaces. We advocate distinguishing the types of parking spaces in the community by establishing statutory ownership of parking spaces, voluntarily building parking spaces, using shared roads and other venues for parking spaces, and establishing ownership rules respectively. To make up for the loopholes in the “Property Law” to further clarify the statutory minimum distribution of ownership of parking spaces in accordance with the law forcibly vested in the owners of the common, as well as the use of parking rights and the protection of norms, so that the relevant judicial interpretation is more operable, effectiveness.