Superficies
Another institution involving a real right on another's property was superficies. The final form of this institution pertained to situations where the state or other public authorities granted an individual the right to erect a building on public land and to use it against payment of a yearly rent, referred to as solarium.
Although the owner of the ground acquired ownership of the building,[537] [538] in accordance with the principle that whatever is attached to land forms part of it (superficies solo cedit), the holder of superficies (superficiarius) had full use and enjoyment of the building for as long as he paid the rent. Furthermore, the right arising from superficies could be transferred to the holder's heirs although, originally, it was probably not alienable. The superficiarius was protected by a special interdict referred to as interdictum de superficiebus,[539] while an actio in factum or actio in rem in the nature of a vindication was also available to him under certain circumstances. In Justinian's law, the right of the superficiarius was regarded as a right sui generis nearly as extensive as that of ownership. Such a right was alienable and protected by legal means analogous to those available to the owner.[540]3.7
More on the topic Superficies:
- Emphyteusis and Superficies
- Roman law recognized two further categories of iura in re aliena that were treated as a distinct group; namely, emphyteusis and superficies.
- 8. OTHER IURA IN RE ALIENA
- Liability for damage caused by animals
- 1. Warranty of peaceable possession
- Problems with our conception
- EARLY CODIFICATIONSIN GERMANY AND AUSTRIA
- The notion of an implied condition (natural law)
- Congress’ expressed purpose for supporting agricultural research and extension is not only to increase the productivity of agriculture,7 but also to “[maintain and enhance] the natural resource base on which rural America and the United States agricultural economy depend.”8
- The law of succession addresses the legal destiny of a person’s rights and duties after his death.
- Conclusion
- The Organisation of Roman Contract
- The Codification Movement
- The International Community as a Political Myth
- 2. CREATION AND TERMINATION OF SLAVERY
- Leases for a fixed term
- Index of Name
- Rural and Urban Tenancy
- Condictio indebiti