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PRÁVO STAVBY V ČESKÉM A FRANCOUZSKÉM PRÁVU, 2015 Abstract (English) Superficial Right of Construction in Czech and French Law The Superficial Right of Construction is one of the new institutions of civil law after the entry into force of the new Czech Civil Code on January 1st , 2014. But the institute is not quite unknown to Czech law, because it was a part of it until 1964. This fact enables to compare the current legislation with the previous provisions and to follow up the development of the explored institute's concept, both in terms of the shift of its nature from public to private, as well as of its content. It is also possible to identify the characteristics of "new" Czech Superficial Right of Construction which reflect not only the development of law in the last fifty years in general, but also of a similar institute in other (European) countries. One of such an institute is undoubtedly French bail à construction, existing since 1964 which seems appropriate for comparison with Czech Superficial Right of Construction mainly due to its continual development and a fairly frequent practice use in its home country. Apart from the relation of Superficial Right of Construction to the Roman principle superficies solo cedit, identification of the expression and legal nature of the institute, excursion into... |
