Superficies in the form of the right to superpose

Simona Chirica () and Cristiana Mic-Soare ()
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Simona Chirica: Bucharest University of Economic Studies, Law Department, Partner at Schoenherr si Asociatii SCA
Cristiana Mic-Soare: Faculty of Law, University of Bucharest, Attorney at Law at Schoenherr si Asociatii SCA

Juridical Tribune - Review of Comparative and International Law, 2015, vol. 5, issue 1, 49-59

Abstract: The purpose of this paper is to present the current legal framework related to the superficies right in the form of the right to superpose, and especially to draw the attention and put certain question marks regarding the actuality or even the urgency of the need for regulation regarding the right to superpose. First, as a preliminary aspect, in order to emphasize the historical evolution of the superficies right, we will briefly present the development of this concept starting from the Roman law up to the present date. Second, by analysing the relevant legislation, the doctrine and the jurisprudence, the authors set themselves to present the main methods for constituting the superficies right. Third, the characteristics related to the right to superpose will be correlatively laid out. Fourth, the possibility to obtain a building permit on the basis of the right to superpose will also be analysed. Fifth, the recently entered-into-force legislative framework regarding the registration of the right to superpose and of the building thus erected is presented. Last but not least, the conclusions of this paper are presented, highlighting the necessity for more clearly defined rules regulating the legal status of the right to superpose, in order to avoid any confusions and inconsistencies in practice.

Keywords: superficies right; right to superpose; registration of superficies right; registration of right to superpose; notarised deed. (search for similar items in EconPapers)
JEL-codes: K11 (search for similar items in EconPapers)
Date: 2015
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:5:y:2015:i:1:p:49-59

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