The right of superficies can’t be established by court order

The High Court of Cassation and Justice has ruled that the right of superficies may be formed only by agreement between the parties, law or usurpation, and in the absence of express agreement of the parties, the right of superficies may be formed on the basis of an action for finding. In this case, the High Court found that the agreement alleged by the appellant to raise the building owner was given a non-proprietary and could not be assumed that there was an express or implied agreement of the owners of land for the building’s construction.
The High Court stressed that in reality, the appellant sought an order through court on the right of superficies claimed, but the possibility of acquiring the right of superficies by court is not governed by national law and being censured by the ECHR.
(Judgment of 15 February 2007, B. and P. vs. Romania). (Decision no. 386 of February 1, 2012 passed in Appeal Civil Division II of the High Court of Cassation and Justice seeking a declaration of the existence of the right of superficies)

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Alexandru VLASTON