Certain assessments related to the right of superficies in the new romanian civil code

AuthorBratiloveanu Izabela
PositionFaculty of Law and Administrative Sciences, University of Craiova, Craiova - Romania
Pages29-34
AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 2 (2013), pp. 29-34
29
CERTAIN ASSESSMENTS RELATED TO THE RIGHT OF
SUPERFICIES IN THE NEW ROMANIAN CIVIL CODE
I. Bratiloveanu
Izabela Bratiloveanu
Faculty of Law and Administrative Sciences,
University of Craiova, Craiova, Romania
*Correspondence: Bratiloveanu Izabela, Craiova, 8 Horia St., Bl. E2, sc. 2, ap.2
E-mail: bratiloveanuisabela@yahoo.com
Abstract
In this paper, we analyze the right of superficies as a significant new element of the
actual Romanian Civil Code as compared to the provisions of the 1864 Romanian Civil Code,
expressly regulated for the first time in Romanian legislation, in the first chapter of the 3
rd
Title of the 3
rd
Book, the articles from 693 to 702.
Key words: the new Civil Code; the right of superficies.
Introduction
The right of superficies has been acknowledged ever since the Roman legal system, as
the right of a constructor to indefinitely use a building that had been erected on someone
else’s land, in exchange for a yearly amount of money (solarium)
1
. Being taken over in the
modern civil right, following various hesitations and doctrinarian disagreements regarding
its very existence, ever since the inter-war period we have witnessed the appearance of the
constantly reiterated opinion according to which the right of superficies is an indirect
consequence of the provisions of the article number 492 in the prior Civil Code (at present
art. number 577 of the Civil Code
2
), as an exception to the rule of the artificial realty
accession.
Until the actual Civil Code became recently effective, its legal status has been
established by doctrine and jurisprudence.
1. Definition and legal characteristics of the right of superficies
Article no. 693 (1) of the Civil Code gives the following definition of the right of
superficies: ’’The right of superficies is the right to own or erect a building on someone else’s
land, above or below that land, over which the builder acquires a right to use”. We can
therefore notice that, according to current regulations, within the legal content of that
particular part of the right of superficies representing parts of the ownership right over the
Ph.D. Candidate, Faculty of Law and Administrati ve Sciences, University of Craiova. This work was financed
from the contract P OSDRU/CPP107/DMI1.5/S/78421, strategic project ID78421 (2010), funded by the
European Social Fund- “Invest in people”, the Operational Program Human Resources Development 2007-2013.
bratiloveanuisabela@yahoo.com
1
For further details regarding the right of supe rficies in the Roman legal system, see E. Molcu, D. Oancea,
Drept roman, ”ansa” S.R.L.Publishing House, Bucharest, 1993 , p.131.
2
Para. 1 in Art. no. 577 Civil Cod e side title “Work acquisition by the owner of the building” stipulates: “The
constructions, plantations and any other works on a certain building thereafter called works, become the property
of the building’s owner, unless otherwise provisioned by law or le gal documents”.

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