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小区车位的归属是建筑物区分所有中的一项具体制度,其权利归属的模糊,不仅造成了住宅商品房交易和管理秩序、物业管理秩序的混乱,而且使广大业主的利益受到了严重侵害,并由此引发了大量的群体性纠纷,矛盾激化时有发生。在以下篇幅,笔者将从国外的立法情况出发,比较分析我国的立法情况,指出《物权法》的规定虽有一定合理性,但非最佳选择,认为小区车位应分为法定停车位和增设停车位,并按照不同的模式来确定其权利归属。
The ownership of parking space in a building is a specific system that distinguishes all the buildings. The vagueness of ownership of the parking spaces not only causes the chaotic order of transaction and management of residential real estate and the order of property management but also seriously damages the interests of the majority of owners This has led to a large number of group disputes, conflicts have intensified from time to time. In the following paragraphs, the author will proceed from the foreign legislation, comparative analysis of China’s legislation, pointed out that although the provisions of the “Property Law” is reasonable, but not the best choice, that parking spaces should be divided into statutory parking spaces and additional parking Bit, and according to different modes to determine the ownership of their rights.