Published: 2024-09-25

The principle of ‘superficies solo cedit’ and the Polish Civil Code

Damian Kalisiak
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2024.24.3.03

Abstract

The aim of this article is to describe the institution of superficies in Roman law in the context of the provisions of the Polish Civil Code and the jurisdiction of the Polish courts relating to real property. I present the origin of the law on superficies. I have used the historical method to analyze specific deeds and thereby determine the rights and duties of the landowner and the superficarius, that is the person with the right to enjoy the superficies, i.e. the object or objects (e.g. a house or building) standing on the landowner’s property. The article considers the current Polish jurisprudence on this issue and notes important exceptions to the principle of superficies solo cedit and its relevance today.

Keywords:

Roman law, superficies, real estate, the ground (surface) of a real property, civil law, property law

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Citation rules

Kalisiak, D. (2024). The principle of ‘superficies solo cedit’ and the Polish Civil Code. Zeszyty Prawnicze, 24(3), 43–69. https://doi.org/10.21697/zp.2024.24.3.03

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