Cofola 2012: The Conference Proceedings: sborník příspěvků z mezinárodní konference: 17. - 19. máj 2012, Brno, Masarykova univerzita, 2012, ISBN 9788021059290, p. 1351-1361.

Building in the Light of Private Law Principles

Tivadar Ötvös

Abstract

The article deals with the actual legislative problems of buildings and other constructions in the private (civil) law. It underlines some shortcomings of several provisions of the Civil Code of Slovakia in the terms of their coherence with the principles of private law. The absence of the right to build, denial of "superficies solo cedit" and other solutions overcome by development of the legal system a long time ago create a deficit of legal certainty, the elimination of which should be the primary objective of the recent recodification process in civil law.
Full Paper
Tivadar Ötvös
Research Associate

Tivadar Ötvös, Research Associate at gLAWcal, Master Candidate at College of Europe in Bruges and EU commission Marie Curie Fellow at Tsinghua University and at Beijing Normal University (Beijing, China). PhD in Civil Law at the Pavol Jozef Šafárik University in Košice - specialization: Legal Principles.

Summary

The article deals with the actual legislative problems of buildings and other constructions in the private (civil) law. It underlines some shortcomings of several provisions of the Civil Code of Slovakia in the terms of their coherence with the principles of private law. The absence of the right to build, denial of "superficies solo cedit" and other solutions overcome by development of the legal system a long time ago create a deficit of legal certainty, the elimination of which should be the primary objective of the recent recodification process in civil law.

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