Property may be transferred freely save were their transferability is limited or prohibited by law.
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Article 456. Essential parts of property
(1) By way of accession, the owner of a property becomes the owner of all that is added to the property or incorporated into it if the separation would destroy or substantially diminish the value or economic purpose of the property or the separated part.…
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Article 455. Property
(1) Property means any things that may be individually or collectively appropriated and patrimonial rights. (2) Things are tangible objects in respect of which civil rights and obligations may exist.
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Article 662. Effects of extinguishment of the right of superficies
(1) In the case provided by Article 660(a), the construction which formed the object of the right of superficies, as of the date of extinguishment of the superficies, becomes an essential part of the land under Article 460, belonging to the owner of the land,…
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Article 661. Extinguishment of the right of superficies upon the request of the owner of the land
Where a superficiary failed to build the construction in the time limit specified in the juridical act for the establishment of the superficies or if it violates the obligation to preserve the construction, the owner of the land may request extinguishment of the right of…
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Article 660. Extinguishment of the right of superficies
The right of superficies is extinguished: a) upon its expiration or where the contract establishing it has been terminated; b) by way of consolidation, if the land the construction are acquired by the same person; c) by way of loss of the construction if this…
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Article 659. The superficiary’s obligation to pay ground rent
(1) Unless the juridical act provides otherwise, a superficiary owes to the owner of the land a monthly payment equal to the market rent, considering the nature of the land, its location, the purpose of the land, and any other criteria to determine the value…
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Article 658. Exercise of the right of superficies
(1) A superficiary may freely dispose of its right of superficies. In case of an existing construction, the superficiary may only transfer or mortgage the superficies and the construction together. (2) In case of sale of the construction by the superficiary, the owner of the…
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Article 657. Ranking of the superficies
The right of superficies is registered in the registry of immovable property under the first ranking only. The ranking may not be changed.
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Article 656. Right of superficies in case of demolition or loss of the construction
The right to superficies is not terminated by the mere demolition or loss of the construction.