车位抵押的法律风险,主要是因立法活动落后于现实实践,导致在车位所有权归属及业主优先权等方面易出现纠纷,以及车位可能存在权利负担,从而影响车位抵押权的有效设立或最终实现。近些年来,随着我国步入汽车社会,城市车位的价值开始凸显。各地利用车位进行融资的现象逐渐增多,其中利用住宅小区与商业楼宇车位所有权进行抵押融资的较为普遍。然而,由于车位种类繁多、权属复杂,加之"法律自制定颁布之日起,就注定落后 The legal risks of car parking are mainly due to the fact that the legislative activities lag behind the actual practices, leading to disputes in the ownership of parking spaces and priority of owners, as well as the potential rights of parking spaces, thus affecting the effective establishment or final realization of car parking rights. In recent years, with our country entering the car society, the value of urban parking spaces began to highlight. The use of parking spaces around the gradual increase in the financing of the phenomenon, including the use of residential quarters and commercial buildings parking ownership of mortgage financing is more common. However, due to the wide range of parking spaces, the ownership is complicated, and since the promulgation of the law since its establishment, it has been doomed to fall behind