Residential co-ownership within the superficiary right of building – theoretical hotch-potch or practical reality? Cover Image

Residential co-ownership within the superficiary right of building – theoretical hotch-potch or practical reality?
Residential co-ownership within the superficiary right of building – theoretical hotch-potch or practical reality?

Author(s): Pavel Petr
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Univerzita Palackého v Olomouci
Keywords: superficiary right of building; residential co-ownerhip; civil law; superficies solo cedit; ownership;

Summary/Abstract: The new approach to a thing enables the concept of residential co-ownership within the superficiary right of building. Residential co-ownership may be created where a building with at least two apartments forms the component part of the immovable thing. The superficiary right of building is established as a derivative of the superficies solo cedit principle. Therefore, it requires the accession of building and land. The building is no longer a separate thing in the legal sense, but part of the superficiary right of building. If the building which is part of the superficiary right of building contains two apartments, then residential co-ownership may also be established as part of the superficiary right of building.

  • Issue Year: 16/2016
  • Issue No: 2
  • Page Range: 173-179
  • Page Count: 7
  • Language: English