论住宅小区停车位、车库的权利归属

On Attribution Right of Residential Parking Space and Garage

建筑物区分所有权原则一直是实务中适用的难点,理论界对此原则的理解也不统一,法律更没有明确具体的规定,因此,造成了住宅小区停车位、车库权利的归属不明确,引起许多社会矛盾和冲突。解决此问题,一方面需要理论上的创新,分析不同停车位的特点,再具体根据其特点明确其归属;另一方面更需要国家完善相关法律法规,明确法律规定,统一法律适用。

The principle of building differentiation ownership has difficulties in applications. Whether in the theory or in the general affairs there are different viewpoints about it. What＇s worse, the provisions of the law are more unspecific, which cause the ownership of the parking and garage unclear, and also cause many social contra- dictions and conflicts. Solving this problem, on the one hand, the theory needs to be innovated on analyzing the characteristics of the parking teristics ; on the other hand, unified application in laws. space in different kinds, then its attribution can be classified according to its charac- our country should make more perfect the related laws to clarify the law rules and make