The owner complained that the parking space was too small and the parking door could not be opened, so the developer replied: "Then buy another parking space." "Why was the developer so arrogant, and who gave him the courage?In the face of various problems in parking spaces, what are the legal provisions of the Civil Code that can help us better protect our rights?
Recently, a homeowner bought a home and a parking space, but because the parking space was too narrow, the main door could not be opened after the car was parked in the parking space. The Housing Authority and the property agreed to replace it and signed a memorandum of understanding, but so far the developer has not replaced or checked out, and requires the full purchase of another set before it can be replaced or returned.
We all know that if you buy something with a quality problem, you can return it, so what if you buy a parking space with a problem with the "quality"?Under normal circumstances, the return and exchange of parking spaces is mainly based on the contract signed when buying a parking space, and the conditions for returning and replacing parking spaces can be returned and exchanged in accordance with the contract. According to the rules of the Civil Code, if the contract is unclear about the size of the parking lot, it shall prevail in accordance with the national or industry norms, so if the location of the parking lot does not conform to the specifications, the contract can be terminated on the grounds that the contract cannot be implemented due to the other party's breach of contract in accordance with Article 562 of the Civil Code, and there is no need to buy another parking space.
In addition, some parking lots will bring certain difficulties to parking because of the unreasonable setting of parking spaces, such as increasing the difficulty of parking due to the unreasonable setting of parking spaces by the developer, which is classified as a breach of contract, and can negotiate with the developer to compensate or return the parking space.
What should I do if the parking space is occupied?
It's hard to buy a suitable parking space, what should I do if I want to park but find that the parking space is occupied?
Assuming that the occasional behavior can be discussed with the car owner, netizens have come up with many ways to unload tires and plug the exhaust holes with steel wool balls, but such methods are likely to damage the personal safety of the car owner, and may violate the law by deliberately damaging other people's assets, so it is not worth advocating. Contact the property first, and the property has the obligation to protect the parking order of vehicles in the community. The second is that the private parking space is the private property of the owner, and if it is occupied, according to the rules of the Civil Code, the owner can request the infringer to remove the obstruction and compensate for the losses suffered by him, such as parking fees, in accordance with the rules of the Civil Code.
In order to avoid the occupation of parking spaces, the parking spaces can be announced by means of ** and publicity, and the developers can also avoid selling the parking spaces to others. The acquisition of the exclusive right to use the common part, such as leasing, shall be recognized as an easement. To this end, it should also be carried out in accordance with the relevant rules of easements in the Civil Code, and in a certain way.
Who exactly owns the parking space in the house?
In accordance with the rules of Article 235 of the Civil Code, the parking spaces and garages planned for parking cars in the community can be rented to the owners by the developer**, as a gift, or as a giftRegarding the parking spaces and garages planned for parking cars in the community, they can be given to the owners, gifts or leasesHow to use the resolutions of the owners' meeting in the community and in the hands of all the owners in the community. In addition, Article 276 of the Civil Code stipulates that the owner has the right to purchase and rent parking spaces in the community.
What should I pay attention to when buying a parking space?
1.Parking space property rights.
The first thing on the list is whether the property right of the parking space belongs to the developer, and the developer has no right to buy and sell the parking space if he does not have the property right. When the real estate management department handles the parking space, it will agree to issue a real estate property certificate to the developer for the parking space.
2.Parking space ** method.
Some parking spaces cannot be used for "real estate property certificates", and the owners of such parking spaces only have the right to use, not all rights, and will be restricted when transferring.
3.On-site survey of parking spaces.
In order to avoid the impact on the use of parking spaces due to the size and orientation of parking spaces, it is necessary to conduct on-site inspections before buying parking spaces, and it is best to measure the size of parking spaces to see whether they meet the requirements of use.
Relevant legal provisions: According to the preceding rule, if the parties to Article 511 of the Civil Code are not clear about the content of the relevant contract, and it cannot be confirmed according to the preceding rules, the following rules shall apply: (1) If the quality requirements are not clear, it shall be implemented in accordance with mandatory national norms;There is no referral to the implementation of national norms;Where there are no referral norms, they are to be performed in accordance with the preceding rules;Where there are no referral norms, follow the norms;
Article 314 The easement is established when the easement contract is in force. At the behest of the parties, they may apply to the agency for an easementIt is not allowed to oppose a bona fide third party.
Article 335:Where the person in power has no right to possess immovable or movable property, the person in power may request the return of the original property.
Article 460 Where immovable or movable property is in possession of the person in possession, the person in power may plead for the return of the original or its fruits;However, the necessary expenses incurred by the bona fide possessor to protect the immovable or movable property should be paid.
Article 275:Within the housing subdivision, parking spaces and garages planned for parking cars are to be agreed upon by the parties through methods such as **, gifts, and rentals.
Occupying the road or place shared by the owners during the parking process shall be shared by the owners.
All of the above is what I learned from the Civil Code.
In order not to step on thunder in the day, we should learn the knowledge of laws and regulations. You don't have to spend a lot of money to consult a lawyer for a job, so how do you learn Xi legal knowledge?I would like to introduce you to this copy of the Civil Code.
At the same time, the "Civil Code" is also known as the encyclopedia of social days, it is closely related to our clothing, food, housing and transportation, it not only includes the content of marriage and family, but also includes property rights, contracts, personality rights, inheritance, tort duties, etc., more changes have taken place in the Civil Code.
In today's society, we can not be careful, but we cannot be blind and give up the opportunity to protect our rights when we encounter work.
Having a grasp of the Civil Code is undoubtedly the best way to learn the knowledge of laws and regulations in Xi days. Whether it is placed at home or used at work, it is a good choice. often toss and turn, so that when we encounter disputes, we have the bottom in our hearts and have the law to follow.
These five books are detailed legal cases and analyses, interpersonal relationship handling necessary conversations, investment and financial management, to help you get out of the state of economic illiteracy, whether it is a boss, a businessman, a professional or everyone should read.
These are a few different **, you can pick your favorite book, click below to buy!
The days do not believe in tears, and fate is controlled by rules. Family growth Xi a must-have, check at any time, and don't ask for anything.
Click on the product card below to place an order to buy, buy more and see, and it can come in handy at critical moments.
Click on the link below to purchase, and the genuine book will be delivered to your home free of charge