法律英語(yǔ)英語(yǔ)論文-wenkub.com
2025-04-04 00:37 本頁(yè)面
【正文】 4. Solve the disputes concerning the parking lots timely.4. The solutions solve the dispute of the submerged automobiles and relieve sufferers’ burden. Towards to the disaster in Guangzhou even many regions in our country, we only could pin our hope on the insurance pany. Exclude the realty management enterprises’ obvious omission to the parking garage, the owners may have to bear the injury of their own automobile. Of course, for the irrational drainage system brings about the damage。 mittee employ the realty management enterprise. The other is the period during the owners39。 they instituted legal proceedings in succession. In the early 2010, the southeast of China experience many torrential rain .It brings great losses of personal injury and property damage .Especially in lst Tendays of May, Guangzhou suffered several rainstorms, and many parking garages had been submerged after the downpour stopped and almost turned into reservoir. Many automobiles were inundated according to the rough statistics of Guangzhou Water Conservancy Bureau, there are 89 increased waterlogged regions, and among 44 had been inundated seriously which all underground garage had been submerged entirely. More than two thousand automobiles had been damaged and sludge and sewage covered over and in the cars. immersed in the water for more than 50 hours, circuit fixtures ,trim fixtures and even engines were damaged .some automobiles once start engine after they were been pulled out ,scuffing of cylinder bore may been effected .In those days, many owners of impaired automobiles institute legal proceedings to their estate management enterprise or managements of the parking garages. If the owners did not conduct allpay insurance, they can’t be fully recovered by insurance panies. And if they start car engine before inform the insurance pany, they couldn’t gain the damages for that the damage for not caused by natural rainstorm but by their twice personal destruction. For these tortious cases, the harm to losses owners suffered are inevitable. So undertake the liability to those damage is still a legal problem.2. Instruction of the legislation in China concerning the parking garages in property law. The specific legal rules of underground parking garage in China and several other countries. It is always the disputed focus point of legislation for the problem of whom the parking places and garages should vest in. According to article 74 of property law, The parking places and garages within the building area planned for parking cars shall be used to meet the needs of the owners above all else. The ownership of the parking places and garages shall be agreed upon by the related parties in the manners of selling, plementary using or leasing, etc. The parking places, which occupy the roads or other fields monly owned by all owners, shall be in the mon ownership of all the owners. This rule puts underparking garage and standalone developed parking lot belonging to the property developers, and then owners possess parking places which occupying mon road or other field. Therefore, for the injury caused by inundated garage, the developers are liable. However, in American and France, the parking garage and parking lot are owned by the owners of residences. In Germany, parking lots are setting as exclusive part, and marked the ranges with sustaining landmark. Yang Lixin “The supreme people39。s court building differentiation ownership dispute case, understand and apply the judicial interpretation,” the Due Process of Lawful,105106 (2007). These countries prescribe parking garages owned by the proprietors, and of course, the owners should solve the problems themselves which search for insurance panies to gain the damages or undert
外語(yǔ)相關(guān)推薦
鄂ICP備17016276號(hào)-1