Întinderea dreptului de superficie născut în temeiul legii între subiecții de drept privat

Abstract

The purpose of this paper is to highlight the limits to the exercise of the right of superficies established by law,or,the fact that the legislator has established a legal right of superficies in favour of certain subjects of law, does not mean that it does not have some limitations in its exercise. This paper has analysed and commented on the relevant articles on legal superficies and has also tried to clarify the issues relating to the constitution of legal superficies and the necessity of the constitution of legal superficies. Attention was specifically focused on the cases in which we are in the presence of a legal superficy and on the analysis of the need,on the part of the holders of the surface right, to carry out some additional actions for its creation and confirmation.