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Post by account_disabled on Dec 28, 2023 5:36:50 GMT 1
Awere not expressly stipulated in the absence of a contrary stipulation Rule the owner of the surface right cannot change the structure of the building Exception He can demolish it with the obligation to rebuild it in its original form . If the structure of the building has been changed the land owner can ask within years termination of the surface right or restoration to the previous situation the year limitation period is suspended until the expiry of the surface period The holder can freely dispose of his right. As long as the construction exists the right of use over the land can Country Email List be alienated or mortgaged only together with the ownership right over the construction. Legal actions The confessional action of superficie can be brought against any person who prevents the exercise of the right even the owner of the land. the action can be introduced at any time Surface with onerous title the parties did not foresee the methods of payment of the surface the owner of the surface right owes. In the form of monthly installments an amount equal to the rent established on the free market taking into account the nature of the land the destination of the construction if it exists the area where the land is located as well as any other criteria for determining the value of the use In case of disagreement between the parties the amount owed to the land owner will be determined by court. Cases of superficie termination By deletion from the land register for one of the following reasons a upon expiry of the term Effects In the absence of a.
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