Superficies - a Page from the History of the Romanian Law
Superficies - a Page from the History of the Romanian Law

Summary/Abstract: Superficies is a real right over the good of another. It was consecrated in ancient Rome and ensured the exercise to the right of ownership over the construction erected on the land of another person, both in the Eternal City and in the territory of the provinces. The conquest of Dacia resulted in the application of Roman juridical institutions; they were applied in the Carpatho-Danubian-Pontic area, where they adapted to local realities, developed, and contributed to the formation of Daco-Roman law, and later, Romanian law. The provisions of the old Romanian law fit superficies into the category of real rights over the good of another. Although the representatives of the privileged social categories took advantage of this legal figure in their interest, it contributed to the development of urban life and commerce. This explains the fact that the jurists who carried out their activity between the half of the 17th century and the first half of the 19th century regulated this real right with the help of the Romanian Textbook (Cartea Românească de Învățătură), the The Re-shaping of Laws (Îndreptarea Legii) and some codes adopted in the second phase of the Turkish-Phanariot regime. But the adoption of the French Civil Code in 1804 brought new elements. Its provisions contributed to the removal of the last vestiges of feudal law by merging the legal regime of emphyteuse with superficies.

• Details
• Contents