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论文作者:英语论文论文属性:职称论文 Scholarship Papers登出时间:2012-05-11编辑:lena ding点击率:7521
论文字数:2844论文编号:org201205111005062965语种:英语 English地区:中国价格:免费论文
关键词:parking garageCondominium Ownership of the Residential BuildingProperty law
摘要:明确责任补偿时的人身,财产损害赔偿纠纷对抗的本质。而在物权法中,有停车场的所有权,当然分工不明确禁止,这是很难确定的负责人。我国应作出一个明确的规则,在政府政策有关停车场建设,停车场和物业管理的专有。并最终确保建设实施管理的权力。
2.2 The analysis about the judicial interpretation concerning the underground parking garages reflects some problems and then reflects the problem of hardness in compensation.
On the contrary, in China, the responsibility could be divided into three parties for the special proprietary institutions. First, according to Interpretation of Several Issues Concerning the Specific Application of the Law in Disputes over the Division of Ownership of Buildings Article 5 “If the developer disposes of parking spaces or parking garages to the owners proportional to the allocation ratio by way of sale, inclusion with the premises, or lease, its act shall be deemed to comply with the provision on “satisfying the requirements of the owners on a priority basis” of the first paragraph of Article 74 of the Property Law.” Therefore, developers possess the parking garages and then, they should undertake the proprietary responsibility .Next, estate managements assume the obligation to repair and manage facilities of the building and they naturally should bear the duty to make compensation to the injuries for their omission according to the contracts or regulations. Though in this case, for some managers, there are not fully accounts or definite and binding rules to do the responsibility. The last, the government are should responsible to the injury for the system of draining off water even they may not pay the real damages.
This institution what we are confronting with exists defects obviously. What called the Division of Ownership of Buildings differentiated the articles belonging but it also take the specific liability into misty. Faced with these disputes, it is difficult to make a satisfied solution as the ambiguous duty taker and the amount of damages. That is what we are taking into consideration for what related to the citizen’s interests closely.
Then we should talk about some circumstance about the how the parking garages are owned by the master of the automobile. For the owner of the building, they obtain the fields though selling, leasing complementary by developers on the requirement of “be used to meet the needs of the owners above all else.” Another part are sealed, leased or complemented to residents outside of the building by developers with in the related parties or by owners with in the related pretest, out of related parties or the increased parties. In these cases, for the injuries, whether they could been gained the same treatment.
For the parking garage could gain through convention by paid or free. Certainly these parts could transfer through contract and the gainer could own the garage by many ways such as buying, renting or complement and so on. While some details should be notice: when the owner obtaining the property, some necessary management burden is also inevitable. However, when the transfer of the right of use has happen, the obligee need not pay the expense of management for 本论文由英语论文网提供整理,提供论文代写,英语论文代写,代写论文,代写英语论文,代写留学生论文,代写英文论文,留学生论文代写相关核心关键词搜索。