Conceptul și geneza dreptului de superficie

Abstract

Real rights represent a multifunctional institution that has developed over time, which is complex by its nature and requires thorough study. Ownership is the main and most complete real right over one thing, as it confers to its holder all three attributes: possession, use and disposal. However, the law permits the dissociation of these attributes and their distribution among different owners, thus, creating other real rights. In the Civil Code of the Republic of Moldova are regulated as other main real rights: usufruct, use, habitation, servitude, superficies. Global processes related to the demolition of the totalitarian system and the creation of a state of law, the transition to market relations, as well as the amendment of the traditional concepts on the correlation of the interests of the state and the personality, the perception of the personality as a supreme value, requires the development, deepening, and in some cases the revision of a number of fundamental principles of the property law theory. Under these circumstances, an important legal social task is to secure and defend the right to property and other real rights. The issue of the right of superficies has been studied insufficiently in Moldova and we believe that this area requires investigation. The superficial right has been created as a result of its practical utility. In the market economy, the importance of superficies has increased substantially, due to the strengthening of private property rights.