Superficiary right of building - origin and development in Central Europe

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F61989592%3A15220%2F16%3A33162331" target="_blank" >RIV/61989592:15220/16:33162331 - isvavai.cz</a>

Result on the web

<a href="http://www.eaco.eu/wp-content/uploads/2016/06/petr.pdf" target="_blank" >http://www.eaco.eu/wp-content/uploads/2016/06/petr.pdf</a>

DOI - Digital Object Identifier

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Result language

angličtina

Original language name

Superficiary right of building - origin and development in Central Europe

Original language description

The Czech Rebublic deals in last four years with a legal revolution in the field of private law. New Civil Code was adopted in 2012 and many new and forgotten legal figures were restored in the text of the code. An iteresting example of forgotten legal figures is the superficiary right of builiding which has entered again the legal order of the Czech Republic after long hundred years. Unlike the Act on the Superficiary Right of Building of 1912, the new Civil Code extends the scope of persons that may create the superficiary right of building to their land. This should eliminate the obstacle that substantially limited its wider use. The superficiary right of building is not likely to become a legal concept very frequently seen in public registers. The aim of this paper is, therefore, a reflection on divided ownership and the purpose and genesis of the superficiary right of building in relation to its origins, as well as a prediction of future developments of this legal concept in the real estate market. To analyse the concept, the paper employs formal and legal methods (logical, grammatical and historical method). A comparative study is conducted in the spirit of the comparative method. The superficiary right of building is a suitable complement to the range of options of property rights offered by the new Civil Code. The author concludes that the use of the superficiary right of building, although not limited in comparison with the 1912 Act, will likely be less frequent and focused on longer-term projects.

Czech name

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Czech description

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Type

J_x - Unclassified - Peer-reviewed scientific article (Jimp, Jsc and Jost)

CEP classification

AG - Legal sciences

OECD FORD branch

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Project

<a href="/en/project/GA15-08294S" target="_blank" >GA15-08294S: Divided Ownership and its Central European Context and Perspective</a><br>

Continuities

P - Projekt vyzkumu a vyvoje financovany z verejnych zdroju (s odkazem do CEP)

Publication year

2016

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

Danube : Law and Economics Review

ISSN

1804-6746

e-ISSN

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Volume of the periodical

2016

Issue of the periodical within the volume

2

Country of publishing house

CZ - CZECH REPUBLIC

Number of pages

10

Pages from-to

131-140

UT code for WoS article

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EID of the result in the Scopus database

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