Superficies are ... The legal status of users

As a general feature of all property rights is the legal power over the value. It assumes, first, a direct connection with the object, and secondly, the possibility of following. The latter means that with the transfer of value from one subject to another, the original owner can still dispose of it. In addition, property law is exceptional. Legal opportunities are different. One of the oldest are the emphyteusis and superficies. These categories existed in Roman practice. Let's consider further, in what these most emphyteusis and superficies are expressed.

Emphyteusis

This term has Greek roots. Back in the 3 c. BC. E. In Greece there was a land hereditary lease for the creation of vineyards and gardens. Relationships associated with emfitevo ownership began to appear in ancient Rome from the 2nd century. BC. E. At the initial stage, empty areas were leased out. At the same time, the amount of remuneration for the exploitation of land could hardly satisfy the state's financial interest, since the amount was lower than the rent. This situation was due to the fact that the main goal of the managers was not so much profit, how many people moving around the territory, the adaptation of lands to agriculture.

Features

Emfitevskoe law is property, hereditary, alienable. It assumes the possibility of owning, using someone else's plot with the obligation to pay rent compensation in favor of the owner. This right was established in accordance with the consensual agreement. Its parties were the owner and the lessee of the site. The form of the contract, which determined the duties and rights of the participants, depended on the ownership of the territory. Only in relation to the lands of the church was required a written act. If the agreement contained conditions that contradict the general provisions on the law of empowerment, the document was also mandatory for secular transactions.

Symptoms

Emfitevsis in its content is similar to the right of ownership. The tenant could lay an allotment, establish an easement, receive fruits, pay taxes and taxes to the treasury instead of the owner. Together with this he could not throw a site, refuse the right, dispose of the bowels, and therefore, the treasure found on the territory. The tenant possessed a derivative. In fact, he acted as the legal owner of the site. The right to use was much broader than easement. The employer was not connected with the economic purpose of the object. He could adapt it to any need. For example, a tenant could break a vineyard in place of arable land. However, his actions should not have caused damage to resources. For the use of the site, the lessee paid a fee. Its magnitude did not decrease during periods of crop failure or in case of accidents. The fee could be withdrawn only if the estate is completely destroyed.

Superficies right

The origin of this legal possibility in many ways resembles the story of the appearance of the emphyteusis. соглашение, прочно связанное с земельным участком. In a literal sense, superficies is an agreement firmly connected with the land plot. In the legal sense, the interpretation is more narrow. This right assumes the possibility of using the structure in another's territory for a fee. At the initial stage of the development of the emphyteusis plots were provided not only for farming. It is known that in 298 BC. E. Plebeians received the Aventino hill for building. The Romans, who needed housing, but could not acquire it, chose one option. They could hire a house or part of it from someone else or take the land for use to build a structure. было целесообразно в том случае, когда соглашение о найме заключалось навсегда или на достаточно длительный период. The right to develop was useful when the lease agreement was for good or for a fairly long period. It was this option that became widely spread in Rome, first of all, with respect to vacant territories.

Conditions

сделка, в рамках которой наниматели обязывались каждый год вносить специальную плату в пользу общины или казны. Superficies are a transaction in which employers are obliged to pay a special fee each year in favor of the community or the treasury. It was not a traditional lease payment, but a kind of duty in the form of a quitrent. The legal relationship also arose on the basis of an agreement between the owner and the citizen, and due to other legal facts. договор, в котором в качестве предмета могла выступать часть сооружения – этаж, возведенный в доме, или комплекс помещений, используемых для хозяйственных целей. Superficies is a contract in which a part of a structure could be an object - a floor erected in a house, or a complex of premises used for economic purposes. The owner could give the tenant and the vacant territory. In this case, the tenant took the responsibility for erecting the structure at his own expense. The created objects became the property of the land owner.

Legal status of the user

специфическая сделка, в которой предусматривалось достаточно много обязанностей для пользователя. Superficies - this is a specific transaction, which provided for a lot of duties for the user. First of all, he had to fulfill state obligations - pay taxes. If he evaded this, he was not deprived of allotment, but the arrears were collected according to general rules. In addition, the user paid rental rents. This amount could be collected each year or at a time. The owner, in turn, could free the user from the rent.

Superficies: Civil Code of the Russian Federation

In the current civil law there is Art. 271. In accordance with the norm, superficies represent the right to use the property by the owner of the property located on it. It can be set for a specific or indefinite period. Superficies can be used as a credit pledge, transferred by inheritance, alienated in favor of third parties.