对物权法第74条的再思考

Rethinking on the Article 74 of the Real Right Law of the People's Republic of China

随着城镇居民拥有私家车数量的不断增加,车库(位)问题成为继住房之后又一个令城镇居民颇感头疼的问题。持续增长的汽车数量与有限的车库(位)之间的矛盾,使得开发商、业主与物业之间纠纷不断,处理此类纠纷的法律依据主要是《物权法》第74条,而对于该条内容的理解,理论及实务中仍有分歧。

With the growing number of private ears in urban areas, garages become the other problem which makes the urban residents somewhat headache followed the housing problem. Contradiction between the cars number and the limited garages leads to continued disputes among developers, property owners and property management companies. Article 74 of Real Right Law of the People＇ s Republic of China is one of the legal basis to handle this and this paper intends to analyze the content of this article from several aspects.