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

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

By: Pavel Petr  
Open Access
|Jan 2018

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

DOI: https://doi.org/10.1515/iclr-2016-0022 | Journal eISSN: 2464-6601 | Journal ISSN: 12138770
Language: English
Page range: 173 - 179
Published on: Jan 24, 2018
Published by: Palacký University Olomouc
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2018 Pavel Petr, published by Palacký University Olomouc
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.