We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
DE LA „SUPERFICIES SOLO CEDIT“ LA VOLUMUL IMOBILIAR IMOBIL PRIN NATURĂ SAU PRIN ANTICIPAŢIE?).
- Authors
(DIMA), Carmen BOŞTINĂ
- Abstract
French Professor René Savatier's initial call to "conquer the third dimension of Euclid", the real estate volume was proclaimed through the pretorian way in the French law, based upon notarial practice in the 20th century. Similarly, although known and used in Roman law, which had established the principle "Superficies solo cedit", the right of superficies, specifically used as a technique in feudal law, is "forgotten" by the legislators of the civil codes inspired by Napoleon and brought back to life by the doctrine through overturning the presumption of real estate accession. Dividing the airspace below and above the earth's crust has made the real estate volume possible: an air cube, whose coordonates are defined based on altimetrics, a certain material good, immovable by nature (and not by anticipation). The study analyzes the notion of real estate volume (both through the incipient right of superficies, as an object of the right to build, but also through the form of full superficies, the built cube), concluding that the volume is perfectly adaptable to the current Romanian law system.
- Subjects
EUCLID; NAPOLEON I, Emperor of the French, 1769-1821; FEUDAL law; CIVIL code; REAL property; CRUST of the earth; RIGHT to be forgotten; TWENTIETH century; ROMAN law
- Publication
Review of Juridical Sciences / Revista de Științe Juridice, 2023, Vol 43, Issue 2, p102
- ISSN
1454-3699
- Publication type
Article