The property of infinity or the infinity of property in the notion of „real estate volume” (real estate by nature) Cover Image
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Proprietatea infinitului sau infinitul proprietăţii în noţiunea de „volum imobiliar” (imobil prin natură)
The property of infinity or the infinity of property in the notion of „real estate volume” (real estate by nature)

Author(s): Carmen Dima
Subject(s): Civil Law
Published by: Uniunea Juriștilor din România
Keywords: volume; superficia; immovable asset; soil; altimetric;

Summary/Abstract: As if foreshadowing a symbolic call to the legal conquest of space, „of Euclid’s third dimension”, launched later by the French professor René Savatier, the real estate volume, Praetorian creation of the French notarial practice of the 20th century, appears symbolically represented in the repeating and filiform overlapping motifs in the Brancușian Column of Infinite.Not yet legislated in France or in the Romanian legislation, but jurisprudentially recognized by the French courts, the real estate volume („cube of air”) creates its legal identity as an immovable asset by nature, appearing in symbiosis with the superficia, but proving its own utility beyond being exclusively the object of the incipient superficia right („empty cube”) or of the full superficia right („built cube”).The division of the property on the vertical axis, above and below the earth’s crust, has made possible the technique of the real estate volume, a geometric body in space, whose coordinates are established altimetrically by geometric levelling, relative to the altimetric quota determined in our country by the system Black Sea 1975. After we concluded in a previous study that the real estate volume can be perfectly adapted to the Romanian legal system, this time we will study whether the real estate volume can also exist autonomously from the surperficia and what it could be useful for, in the context of the three-dimensional and digital evolution of society.Marking both the evolution of the surperficia from two-dimensional to three-dimensional, the real estate volume can constitute the vector of transition towards a three-dimensional cadastral system, having the real estate volume as the unit and the plot of land as reference system, in relation to which the volumes intertwine underground and above ground, in a three-dimensional puzzle, theoretically infinitely in space, practically within the limits determined by the urban planning regulations.

  • Issue Year: 2024
  • Issue No: 02
  • Page Range: 55-65
  • Page Count: 11
  • Language: Romanian