As a common feature of all property rights is legal power over value. It assumes, firstly, a direct connection with the object, and secondly, the possibility of following. The latter means that when the value is transferred from one subject to another, the original owner can still dispose of it. In addition, property law is exclusive. Legal options vary. One of the ancient ones are emphyteusis and superficium. These categories existed in Roman practice. Let us further consider what these very emphyteusis and superficium are expressed in.
Emphyteusis
This term has Greek roots. In the 3rd c. BC e. In Greece, there was a land inheritance lease for the creation of vineyards and orchards. Relations associated with emphyteous possession began to appear in Ancient Rome from the 2nd century. BC e. At the initial stage, empty territories were leased. Moreover, the amount of remuneration for the exploitation of land could hardly satisfy the financial interest of the state, since the amount was lower than the rent. This situation was due to the fact that the main goal of the managers was not so much to make a profit as to resettle people across the territory, to adapt the land to agriculture.
Features
Amphitheater law is material, hereditary, alienated. It implies the possibility of ownership, use of another's allotment with the obligation to pay rental compensation in favor of the owner. This right was established in accordance with a consensual agreement. Its parties were the owner and tenant of the site. The form of the contract, which determined the obligations and rights of the participants, depended on the ownership of the territory. Only in relation to the lands of the church was a written act necessary. If, however, the agreement contained conditions that contradicted the general provisions on the law of amphitheater, the document was mandatory for secular transactions.
Signs
Emphyteusis is similar in content to ownership. The tenant could lay the allotment, establish the easement, receive the benefits, pay taxes and taxes to the treasury instead of the owner. Along with this, he could not abandon the site, renounce the right, dispose of the subsoil, and, therefore, the treasure found on the territory. The tenant possessed derivative ownership. In fact, he acted as the legal owner of the site. The right to use was much wider than the easement. The tenant was not associated with the economic purpose of the facility. He could adapt it to any needs. For example, a tenant could set up vineyards in the place of arable land. Moreover, his actions should not have caused damage to resources. The tenant paid a fee for using the plot. Its value did not decrease during periods of crop failure or in accidents. The fee could be charged only if the estate was completely destroyed.
Superficial right
The origin of this legal opportunity is much like the story of the emergence of emphyteusis. In a literal sense, superficial is an agreement firmly connected with the land. In a legal sense, the interpretation is narrower. This right implies the ability to use the building in someone else's territory for a fee. At the initial stage of development of emphyteusis plots were provided not only for farming. It is known that in 298 BC. e. the plebeians received the Aventine hill under construction. The Romans, who needed housing, but could not purchase it, chose one of the options. They could rent a house or part of it from someone or take land for use for the construction of the structure. The right of development was advisable in the case when the employment agreement was concluded forever or for a sufficiently long period. It is this option that has become quite widespread in Rome, primarily in relation to vacant territories.
Terms
Superficius is a transaction in which tenants are obligated to pay a special fee every year in favor of the community or treasury. It was not a traditional rental payment, but a kind of service in the form of a rent. The legal relationship arose both on the basis of an agreement between the owner and the citizen, and as a result of other legal facts. Superficius is a contract in which a part of a structure — a floor built in a house or a complex of premises used for household purposes — could act as an object. The owner could provide the tenant and vacant territory. In this case, the tenant assumed responsibility for erecting the building at his own expense. Created objects became the property of the land owner.
User Legal Status
Superficius is a specific transaction, which provided for a lot of responsibilities for the user. First of all, he had to fulfill government duties - to pay taxes. If he avoided this, he was not deprived of the allotment, but arrears were collected according to general rules. In addition, the user paid a rental fee. This amount could be recovered every year or at a time. The owner, in turn, could free the user from the rent.
Superficius: Civil Code of the Russian Federation
The current civil law contains art. 271. In accordance with the norm, superficial is the right to use the allotment by the owner of the property located on it. It can be installed for a specific or indefinite period. It is allowed to use superficia as a loan, transfer by inheritance, alienate in favor of third parties.