Can Ningbo civil air defense parking spaces be sold?

Ningbo civil air defense parking spaces cannot be sold. Article 5 of China's Civil Air Defense Law stipulates that civil air defense projects are usually used and managed by investors, and the proceeds are owned by investors. Specifically, if a developer invests in a residential civil air defense project, the management income of the civil air defense parking space belongs to the developer.

Article 20 of the Civil Air Defense Law stipulates: "The construction of civil air defense projects should be conducive to peacetime economic construction, people's production and life and project development and utilization on the premise of ensuring wartime efficiency."

Article 26 stipulates: "The State encourages the use of civil air defense works in peacetime to serve economic construction and people's lives. The civil air defense project shall be used in peacetime and shall not affect its air defense efficiency. " All the above laws and regulations stipulate that civil air defense projects should encourage civil use on the premise of ensuring the efficiency of wartime use, but they do not explicitly stipulate that civil air defense parking spaces should not be bought or sold.

Extended data

The dispute over the ownership of civil air defense parking spaces does not affect the validity of the contract for the transfer of the right to use civil air defense parking spaces. According to Article 174 of the Contract Law of People's Republic of China (PRC), if the law has provisions on other paid contracts, those provisions shall prevail; If there are no provisions, refer to the relevant provisions of the sales contract.

Paragraph 1 of Article 3 of the Supreme People's Court's Interpretation of Applicable Law in the Trial of Disputes over Sales Contracts stipulates that if one party claims that the contract is invalid on the grounds that the seller has no ownership or disposition right to the subject matter at the time of conclusion, the people's court will not support it. Therefore, when the owner claims that the transfer contract of the right to use the civil air defense parking space is invalid on the grounds that the developer has no ownership or disposition right to the civil air defense parking space, the court will not support it.

Baidu Encyclopedia-China Civil Air Defense Law

Ningbo civil air defense network-Ningbo civil air defense engineering management measures