Name
Popova Ekaterina Ivanovna
Scholastic degree
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Academic rank
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Honorary rank
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Organization, job position
Kuban State Agrarian University
Web site url
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Articles count: 1
The article is devoted to one of the most disputable
categories of jurisprudence – to the contents of Building
leasehold. In the article there has been presented the
research of the legal nature of the institution of building
leasehold (superficies). There have been traced the
particulars of formation of the Roman legal (classical)
model of building leasehold and the interpretation of
this institution in foreign civil legislation. It has been
noted that certain countries apply the classical Roman
model of building leasehold while others use the model
of "the shared property" of the land plot and of the piece
of the estate built on this plot. There was conducted the
analysis of the German model inheritance law of
building leasehold on the basis of which there was
made the conclusion about its independent nature and
uniqueness. The historical and the comparative legal
methods of the research have enabled to identify the
essential differences of the employed models of
building leasehold and the specific features of their
application in the countries of roman-germanic law and
in the Commonwealth of Independent States. There
have been studied the approaches of the domestic
civilized doctrine in terms of building leasehold and the
specific features of its implementation in the draft
version of the Civil Code of the Russian Federation.
There has been affirmed that the draft version of the
Civil Code of the Russian Federation admits the
existence of the two models of the building leasehold:
the design one and the classical one. There has been
applied critical approach to the analysis of the design
model of building leasehold in comparison with its
Roman and Germanic legal constructions; there have
been presented recommendations for its improvement.
It is proposed to abandon the temporary ownership of
the premises in the building constructed based on the
Treaty on the law of the land. We proposed to replace it
with a specific property right – "right of superficies". Its
essence consists in the right of possession and use of
facilities of a building constructed in accordance with
the Treaty on the law of the land