REGULATIONS REGARDING THE SUPERFICIES RIGHT IN THE NEW CIVIL CODE
REGULATIONS REGARDING THE SUPERFICIES RIGHT IN THE NEW CIVIL CODE

Summary/Abstract: The New Romanian Civil Code (Law 287/2009) came in force according to Law 71/2011, for the enforcement of the Civil Code, starting 1 October 2011, and the effects of its enforcement are extremely complex, as there are both alterations and additions to the existing legislation, and new fundamental institutions.Thus, the new Civil Code expressly acknowledges, for the first time, the existence of five dismemberments of the ownership right, by the legislative consecration of the superficies right. The superficies right is granted an impressive number of articles by the new Civil Cod, as compared to the previous legislation which was quite scant in this respect. The Romanian legislator of 2009 has added to the juridical system of the superficies right, outlined in the past by the specialty literature and jurisprudence, a few novelty aspects for the juridical literature in Romania, getting inspiration from certain foreign legislations.With this article, we are trying to deal with this juridical system of the superficies right in the regulations of the new Civil Code, highlighting certain inconsistencies of the code writing. We analyze the superficies right, starting with the term superficies right, its features, the effects of constituting this right, and ending with the ways of extinguishing it, and the consequences of its disappearance on the possible juridical relations which have occurred in relation to this right.

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