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CHARACTERISTIC OF THE BUILDING LEASE AND NATURE OF THE BUILDING LEASE IN COMARATIVE LAW
Petar Simonetti
; umirovljeni profesor Pravnog fakulteta Sveučilišta u Rijeci
Sažetak
Building lease, same as the superficiar right, separates, in a legal sense, permanent construction from the land parcel, creating a new, independent immovable. Unlike the superficiar right, the building lease is recognized by the law as an independent immovable and the construction built on it, or subsequently separated from the building plot, is its inseparably belonging part. Building lease can be alienated, inherited and burdened. It has three essential functions – social, economic and legal; social, because it reduces building expenses for the value of the land price; economic, because it enables the permanent incomes of the town rent for the owner of the building plot; and legal, that enables legal separation of the building plot and the building. The contents of building lease is, unlike the other real estates rights, determined not only by the law, but also by the legal transaction, and that contents becomes its integral part by its registration in the land register.
Ključne riječi
property; building lease; functions; contents; characteristics
Hrčak ID:
116245
URI
Datum izdavanja:
12.4.2013.
Posjeta: 5.787 *