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Is it legal to occupy a parking space and be blocked?
If you have already bought a parking space in the community, you should contact the owner first and ask him to move the car after finding that the parking space is occupied. If negotiation fails, you can contact property management and other management personnel for negotiation. If the owner of illegal parking cannot be contacted within a certain period of time, the parties may file a civil lawsuit against the owner and ask him to bear the corresponding civil liability for compensation. In addition, residential properties also have the responsibility and obligation to ensure that their parking spaces can meet the parking requirements. If they fail to fulfill their responsibilities, they should also bear the relevant legal responsibilities.
The law is based on the protection of Article 235 of the Civil Code of People's Republic of China (PRC): if the owner has no right to occupy the real estate or chattel, the obligee may request the return of the original property, and "others may not occupy or occupy it without authorization".
Article 275 The ownership of the parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties concerned through sale, gift or lease.
Article 293 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance for any of the following acts: (1) beating others at will, if the circumstances are bad; (two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad; (three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious; (4) Causing serious disorder in public places.
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