论小区停车位及车库的归属——兼议对《物权法》第74条规定的理解

Ownership of Parking Space and Parking Garages of Residential Communities——Understanding of the 74th Stipulation of the Property Right Law

小区停车位及车库的归属,一直是物权法草案讨论过程中的焦点问题。《物权法》第74条首次从法律层面,对停车位及车库的归属作出规定。但是,《物权法》没有区分停车位及车库的不同形式,进行类型化的规定。针对停车位及车库的权属争议,结合土地使用权分摊规则以及容积率标准,对不同形式的停车位及车库所有权的归属进行分析,并在此基础上对《物权法》第74条中"其他场地"和"约定归属"的含义进行探讨。

The ownership of parking space and parking garages of residential communities has long been the focus of the draft of Property Right Law. Stipulation 74 of the law has, for the first time at the level of national law, stipulated the ownership of parking space and parking garage. However, the law does not provide regulations for different forms of parking space and garages. Direct at the disputation, the paper makes an analysis on the ownership of different forms of park- ing space and garages on the basis of the allocation rule of land use right and the floor area ratio standard. Further exploration is made on “other space” and “stipulated ownership” of the 74th stipulation of property right law.