Exercise of the accession right by the holder of a right in rem over the property of others

Abstract

Rights in rem over the property of others, benefiting from the power of building, represent a heterogeneous category of rights. These are of interest not only from the perspective of acquiring the ownership right over the construction built by their holder on the land of others, but also from the perspective of the construction which a third person builds on that land. From this second point of view, the provisions of Article 596 of the current Civil Code are surprising, as they recognize in favor of this holder of the right in rem, any powers specific to the owner of the land in a situation of artificial real estate accession. We have tried, during this study, to find out the limits within which these holders of the right in rem on the land of others may exercise the right of accession, trying to understand what an exercise “in an adequate manner” of the rights and obligations incumbent on the owner of the land means.

Keywords: right to build; superficies; right of accession; owner of the land; waiver in favorem.