Superficies in the form of the right to superpose

Author:Simona Chirica - Cristiana Mic Soare
Position:Bucharest University of Economic Studies, Law Department - Faculty of Law, University of Bucharest
Pages:49-59
SUMMARY

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... (see full summary)

 
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Superficies in the form of the right to superpose
Lecturer Simona CHIRICĂ
1
Ph.D. candidate, LL.M., Cristiana MIC-SOARE
2
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 urgen cy of the need for
regulation regarding the right to superpose. F irst, 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 a uthors 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 p aper 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
JEL Classification: K11
1. Introduction
This paper aims to analyse the characteristics of the superficies right in
the form of the right to superpose. Thus, the following aspects will be mainly
taken into consideration: (i) the methods for constituting this right, (ii) the legal
relationships derived from its existence, (iii) the possibility to obtain a building
permit for a construction that aims to be erected on the basis of this right, as well as
(iv) the formalities related to the registration with the Land Book of the new
construction thus erected.
1
Simona Chirică Bucharest University of Economic Stud ies, Law Depart ment, Partner at
Schoenherr și Asociații SCA, s.chirica@schoenherr.eu
2
Cristiana Mic-Soare - Faculty of Law, University of Bucharest, Attorney at Law at S choenherr și
Asociații SCA, c.mic-soare@schoenherr.eu

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