Constituire superficie prin vânzarea construcţiei cu destinaţie de locuinţă aflată pe un teren aparţinând domeniului public al statului. Nelegalitate

Establishment of the surface area through the sale of a residential building on land belonging to the public domain of the state. Unlawfulness

Abstract

The fact that the land belongs to the public domain of the state, being an asset for public use and public interest, excludes its alienation or encumbrance with dismemberments, which would contravene the principle of inalienability, established by Art. 136 para. (4) of the Constitution and Article 861 of the Civil Code.

As such, the right of public ownership of land is incompatible with superficies (which follows from the constitutional text, which indicates limitatively the rights with which public ownership is compatible), which constitutes a lasting encumbrance of the land with a right of use and a lasting (for the entire duration of the existence of the privately owned construction)...