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Principle of superficies solo cedit in historical context Abstract This diploma thesis deals with the principle of superficies solo cedit, which expresses the principle that all things, especially built structures, which are located on land and are firmly connected to the land, belong inseparably to the land and are part of it. The first part of the thesis aims first to give an overview of the understanding of rights in rem in Roman law. It then focuses on the origin of this principle and its expression in various Roman law sources and texts. For these sources, a brief outline of their origin, dating and general characteristics is always given. The Roman law tradition is deeply rooted, particularly in continental Europe. It is therefore not surprising that the superficies principle was included in the General Civil Code from 1811. The Czech legal system is, however, one of those in which the Roman law tradition was abandoned and the superficies principle denied for decades. For that reason, the second part of the thesis focuses on the various civil law codes in the Czech territory, their basic characteristics and a comparison of their attitudes towards property rights, construction and land. The third part of the thesis deals with the origin of the Civil Code, the return of the principle of superficies solo... |
