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Building on Another's Ground as a Special Form of gaining Ownership

Aleksandar Maršavelski


Puni tekst: hrvatski pdf 133 Kb

str. 173-199

preuzimanja: 44.851

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Sažetak

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.

Ključne riječi

building on another’s ground; gaining ownership; real estate unity; accession; accessio; aedificatio; superficies; right to build

Hrčak ID:

13298

URI

https://hrcak.srce.hr/13298

Datum izdavanja:

23.5.2007.

Podaci na drugim jezicima: hrvatski

Posjeta: 48.282 *