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Article 655. Establishment of the right of superficies

(1) A right of superficies is established under a juridical act or a legal provision, and is enforceable against third parties from the time of its entry into the registry of immovable property.
(2) A right of superficies is established for 99 years unless a different time limit was established. Upon expiration of the time limit, the right of superficies may be prolonged.
(3) A superficies can also be registered under a juridical act by which the owner of the entire immovable property has transferred title in the construction only or has transferred title in the land and the construction, separately, to two persons, even if a superficies was not explicitly stipulated.
(4) Where someone has built on the land of another, a superficies may be registered based on the renunciation of the owner of the land of the right to invoke accession, to the benefit of the constructor. Also, it may be registered to the benefit of a third party based on the assignment of the right to invoke accession.

 

Articolul 2164. Grounds for inheritance

Article 1. Scope