Изключения от правилото в полза на собственика
Exceptions to the Rule in Favor of the Owner

Author(s): Desimira Yurukova
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: accretion; building right; term; size; exception; ownership; real estate
Summary/Abstract: This report discusses possible exceptions to the rule in favor of the owner at the institute of the accretion. Acquisition of property by accretion is a way of acquiring property. Apart from being a way of acquiring ownership of buildings and facilities, individual sites in them or newly issued parts to them, the accretion is also perceived as a means of increasing property and acquiring yields.The accretion can be limited only by establishing a limited real right – the right to build, the right to add or the right to upgrade. When establishing a building right, the established property right is for the holder of the limited real right. It is possible for a deviation from this rule to occur when the holder of the limited real right does not exercise the established right within the respective term, according to Art. 67 of the Property Act or exceeds the volume of the assigned limited real right. According to Art. 65 of the Property Act, when the superficies are established with a term, after its expiration, the ownership of the building passes gratuitously on the owner of the land, according to art. 92 of the Property Act.

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