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

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