论《物权法》上车位制度的适用——从法解释学的角度

On the Application of Parking Space Institution in the Property Law of China

《物权法》第74条填补了我国小区车位制度的空白,但其中的模糊性和漏洞也十分明显,从而使其定分止争的法律功能大打折扣。因此,从法解释学的角度,对现行车位制度进行解释和检讨,并在此基础上讨论我国车位制度的应然状态,具有紧迫的现实意义。在现行的《物权法》框架下,业主对车位应享有"特殊优先权",开发商在车位归属约定中的优越地位应得到合理地规制。我国车位制度的应然状态是,车位由业主共有。

The recently enacted Property Law of China is a great progress in our country's legal system,with its term 74 it has filled the gap of law about parking space institution.But the confusion it has made and the legal gap in it are also very clear,which strongly weakens its legal function about solving disputes.Thus,under the Perspective of the Law hermeneutic,to interpret and examine our parking space institution and with which as a foundation to discuss its 'should-be' state,becomes more and more necessary.Under the Property Law of China,proprietor should be given a so-called 'Special Priority',and the developer's vantage during the process of contracting for the parking space ownership's attribution must be under reasonable restriction.It comes to a conclusion that the 'should-be' state of parking space institution should be: parking space owned jointly by proprietor.