The real estate access and surfaces – antagonistic concepts: theoretical and practical aspects

Abstract

Superficies and artificial real estate accession, although present in the legislation of the Republic of Moldova since the adoption of the Civil Code on 06 June 2002, are legal institutions that have been less utilized due to ambiguities in legal norms and a lack of experience in the field. The modernization of the Civil Code (01 March 2019) has improved some inconsistencies in civil legislation that regulates these institutions. The aim of this research is to analyze the evolution of the right of superficies and artificial real estate accession and to highlight the issues and ambiguities regarding the legal construction of these two legal concepts. This article proposes an examination of superficies and artificial real estate accession-two concepts that may appear similar at first glance, yet are fundamentally antagonistic, as they have their own characteristics and apply to different legal provisions. Their legal significance cannot be overlooked, as the vast majority of legislations regulate them, and doctrine studies them with the goal of refining and maximizing their use in civil relations that arise from the use of foreign land.