Revendicare imobiliară. Efectele rezoluţiunii contractului de întreţinere. Constituirea dreptului de superficie. Aplicarea în timp a dispoziţiilor noului Cod civil

Real estate recovery. Effects of the termination of the maintenance contract. Creation of the superficies right. The application in time of the provisions of the New Civil Code

Abstract

Further to the termination of the maintenance contract, it is dissolved retroactively meaning that said contract is deemed to have never been concluded. The contract will cease to exist and its clauses will be deprived of any effects from dissolution. Consequently, the maintenance operator, who had acquired the right of ownership over the land through the canceled maintenance contract, is deemed to have never been the owner of the land on which it built the new constructions, but it is a good-faith builder but on the land owned by another person. The land owner becomes also the owner of the new constructions pursuant to Art. 494 of the Civil...