The Superficies Right in the Light of the Romanian Land Law

Abstract

The present study attempts to bring in front that issue of persons who even they are not owning the land, they received a right of use on it and, therefore, have raised different buildings (houses for living, for example), or make some investments (like vineyards, orchards, and so on) on that land. In this context, we will try to look into our national regulations in this matter, because the way in which Romanian Land Law (no. 18/1991 republished) was enforced, raised and continues to raise problems in front of trial proceeding courts, which are comparing with new and complex judicial situations. One of this is about the case that persons who were reconstituted property right and they came into contact with realities already existing, as result to a former judicial document perfectly legal at that time.