Lawyer, Vol. 41 No. 84, 2007.
Professional paper
Building on Another's Ground as a Special Form of gaining Ownership
Aleksandar Maršavelski
Abstract
At the beginning the author gives a historical review of building on another’s ground till today - where two models have been established: the fi rst one prefers the ground’s owner which derives from the principle superfi cies solo cedit, and the second one prefers
the constructor. Considering the Croatian Ownership and Other Real Rights Act, the author analyses some particular situations where the ground’s owner and the constructor have or do not have good faith and the proprietary and obligatory effects of that circumstance.
The author also comments on the regulation of special situations of building on another’s ground: exceeding the bound by building; upgrading, adaptation, adding or inserting material; and building on another’s right to build.
Keywords
building on another’s ground; gaining ownership; real estate unity; accession; accessio; aedificatio; superficies; right to build
Hrčak ID:
13298
URI
Publication date:
23.5.2007.
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