Semyrenko P. Civil and legal characteristics of the contract as a reason for the emergence of the right to use someone else’s land for development (superficies)

DOI: https://doi.org/10.33098/2078-6670.2025.19.31.266-272

Purpose.The article is aimed at analyzing the regulative framework that explains and regulates the emergence of the right to use someone else’s land for development (superficies) on the basis of a contract. The article aims to explore the design of the contract (superficies), its essential conditions, forms of conclusion. Method. Methodology for researching the topic includes consideration of regulatory documents (Civil Code of Ukraine, Land Code of Ukraine, and other regulations and by-laws), search and study of scientific works of modern civilists devoted to the study of such topics, comparison of the legal nature of this type of contract with the general requirements that apply to civil contracts, description of established imperative requirements and norms, study and research of the practice of applying such contracts, analysis and generalization of the received knowledge. Results. In the process of research, the concept of the contract is formulated, the terms of the contract are defined as essential and such that the parties have the right to establish and determine independently the classified actions of the parties during the execution of the contract. Scientific novelty. The concept of the right to use someone else’s land for the purpose of development (superficies) is a relatively new term in the modern legislation of Ukraine, although this institution of law has its origin since ancient Rome. In the Ukrainian legislation for the first time it appeared with the adoption of the Civil Code of Ukraine on 16.01.2003 (chapter 34). To date, this institution is still undergoing the stage of formation through its research and identification of gaps in the process of applying it in practice, which necessitates further improvement of the norms of law, in particular by adopting new normative acts that regulate legal relations in the field of land development. Practical significance. The popularity and demand for the topic of building someone else’s land is growing along with the development of the economy, the growth of construction volumes, and is due to the high cost of land in Ukraine. The research of the topic will contribute to a deeper understanding of this new institution, its effective application in practice, identifying gaps and conditions that need clarification and revision. The obtained conclusions and assessments of the state of regulation of the topic of the article can be reflected in the introduction of appropriate changes in the legislation, the application by the parties of more effective conditions when concluding a superficies contract

Key words: Superficies contract, proprietary right, subject and object of the contract, building, someone else’s land. right of use.

References

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