<abstract xmlns="http://www.w3.org/1999/xhtml"><p> 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</p></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

Residential Co-Ownership within the Superficiary Right of Building – Theoretical Hotch-Potch or Practical Reality?

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

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...

Residential Co-Ownership within the Superficiary Right of Building – Theoretical Hotch-Potch or Practical Reality?

Published Online: Jan 24, 2018

Page range: 173 - 179

DOI: https://doi.org/10.1515/iclr-2016-0022

Keywords
superficiary right of building, residential co-ownerhip, civil law, superficies solo cedit, ownership

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Residential Co-Ownership within the Superficiary Right of Building – Theoretical Hotch-Potch or Practical Reality?

Published Online: Jan 24, 2018

Page range: 173 - 179

DOI: https://doi.org/10.1515/iclr-2016-0022

Keywordssuperficiary right of building, residential co-ownerhip, civil law, superficies solo cedit, ownership

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Keywords
superficiary right of building, residential co-ownerhip, civil law, superficies solo cedit, ownership