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70-year agreement on the transfer of the right to use civil air defense parking spaces
Legal analysis: Civil air defense parking spaces are different from other parking spaces and have their own particularity. Because the area occupied by civil air defense parking spaces belongs to civil air defense projects, and civil air defense projects belong to civil air defense projects, according to relevant regulations, national defense assets belong to the state. In addition, the relevant regulations of the Ministry of Construction have clearly stipulated that the basement, as a civil air defense project, is not included in the public building area. Therefore, civil air defense parking spaces do not belong to developers or all owners, and such parking spaces cannot be purchased. The property has no right to rent the civil air defense parking space to the owner.
Legal basis: Article 5 of People's Republic of China (PRC) Civil Air Defense Law belongs to the state, and the usual possession, use, income and management rights belong to the investor. If the developer and the buyer sign a contract for the sale of the ownership of civil air defense parking spaces, it is an unauthorized act and is suspected of violating the mandatory provisions of national laws. This kind of contract is invalid and has been recognized by mainstream referees.
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