Superficia – expresie a ingeniozității juridice. Geneza, actualitatea dreptului, utilitatea practică incontestabilă
Superficies – expression of the ingenuity of law. Genesis, current relevance of superficies right, undisputed practical utility

Summary/Abstract: Superficies is not a recent appearance, it is not an innovation of modern law, but a refinement of a creative legal construction, with deep roots in Roman private law, with a long historical evolution and with an actuality that is hard to dispute. Based on the search for a solution for the valorization of an asset by harmonizing wills and interests regarding the exercise of the attributes of property even when they are not united within the power of the same legal subject, the main purpose of its confirmation by legal norms was and continues to be the concern to ensure the fair regulation of relations between the subjects who share the three attributes of property: possession, use, disposition. Superficies is of interest and enjoys a generous doctrinal treatment in our law, the line of approach being focused, as a rule, on the elements of the legal regime applicable to the right of superficies, from the perspective of its qualification as dismemberment of property. After the doctrine and jurisprudence would shape the legal construction of this right for decades, its express regulation comes as a confirmation of a social reality that has become a legal reality. Although perfectible, we consider as welcome, deserved and salutary the express regulation of the right of superficies in the current Civil Code, which implicitly recognizes its importance, not only by legislating the right of superficies as such, but also by placing this real right on the first position in the list of property dismemberments. The study reveals that superficies is no longer just an abstract, theoretically captivating concept or a subject exclusively limited to the preoccupation of the world of law. Through the variety of social relations, it addresses and the effects it can produce, superficies must be understood as an instrument capable of offering solutions that are both legally secure, flexible, balanced and – as we mentioned in our title – ingenious, capable of generating concrete benefits in the civil circuit and contributing to economic development, social well-being, and progress.

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