Užstatymo teisės institutas Lietuvos teisinėje sistemoje
Superficies In Lithuanian Law

Summary/Abstract: Ten years ago the right of superficies (heritable building right) was introduced into Lithuanian legal system. However, the reception of this right could not be deemed successful. The article introduces the origin of the right of superficies as well as its existence in the other legal systems. Analysis reveals that the right of superficies has emerged and exists in legal systems as the only or the primary exception of superficies solo cedit principle. Lithuanian law recognizes superficies solo cedit principle as non-mandatory legal provision. However, in practice, the significant amount of buildings is situated on the land plots of the other owners. Legal relations between the owner of the building and the owner of the land plot are usually regulated under lease contract or servitude even if such relations fall into the definition of the right of superficies. The other reason of unsuccessful reception of the right of superficies is the lack of detailed legal provisions concerning it. Although, model of Dutch opstal was chosen, only the part of relevant legal provisions was transferred into Lithuanian legal system. Moreover, no efforts were made to incorporate this right into Lithuanian legal system and to ensure its coherence with the other rights in rem and contractual rights. Thus, the best solution is the revision of laws concerning exceptions of superficies solo cedit principle and the right of superficies by legislator. In the second part of the article the national legal provisions concerning the right of superficies are analyzed. It should be noted, that many significant aspects concerning the right of superficies are not regulated under the national law. Due to the lack of the detailed national legal provisions and the case-law on the matter, provisions and interpretations in the other jurisdictions are analyzed to provide the best solutions to the problems concerning right of superficies in Lithuanian legal system.

• Details
• Contents