Accesiunea imobiliară și dreptul de superficie
Accession in real estate and right of superficies

Summary/Abstract: In the European legal system (of Roman-Germanic type), under the influence of the Roman law (determinant in the European area in particular, but, by exception, also in the Anglo-Saxon area), there are and operate several principles considered fundamental since the Roman Era, namely:– The ownership of land is fundamental and determinant. This principle starts from the Roman conception according to which the ownership of land represents the most precious, permanent and immutable asset of a person;– As a consequence, the ownership of the land presumptively determines the ownership of all the buildings existing above or below ground of that land. This is how the presumption according to which the owner of the land becomes also the owner of the superstructures (we will only deal with these), unless proven otherwise, was born. We are considering the presumption of accession in real estate (artificial, which we will analyse in this study). The contrary can be proved only if the person building on a certain land will be able to prove that he has another type of real right over that land such as the right of superficies (specific in private property) or the right of concession, administration, use (we consider the right of use as a real right according to art. 551 point 9 of the Civil Code) specific to the public or private property of an authority.In this study, we aim to analyse quite briefly both the accession in real estate and the right of superficies, one of the real rights that prevent accession, specific to private property.

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