Emphyteusis ir superficies kaip jura in re aliena : istorinis-teorinis diskursas

LTStraipsnyje pateikta „jura in re aliena“, „emphyteusis“ ir „superficies“ apibrėžtys. Išanalizuotos „emphyteusis“ ir „superficies“ ištakos. Atskleistas „emphyteusis“ ir „superficies“ teisinio reglamentavimo turinys Lietuvos teisėje. [Iš leidinio]Reikšminiai žodžiai: Civilinė teisė; Daiktinė teisė; Emphyteusis; JURA IN RE ALLENA; Nuoma; Nuomininkas; Superficies; Civil law; Emphyteusis; JURA IN RE ALLENA; Property law; Rent; Superficies; Tenant.

ENThe main right of ownership is called ownership law which grants the owner with almost absolute government. The owner has a right to dispose (jus disponendi) according to his/her needs and wants (jus utendi et abutendij. Besides that, the definition of ownership of limited contents or ownership of other person's things (jura in re aliena) exists. That is, a person has a right to ownership; however, at the same time a direct analogous ownership but of limited contents belongs to another person. The ownership of other person 's (alien) things has been known since Roman law, which has adopted/acknowledged such jura in re aliena as Servitutes, uzufructus, hyposheca, superficies, emphyteusis. This article analyses superficies and emphyteusis in detail. Both of these rights are of limited ownership of real estate. They fully limited land ownership rights to persons. The origins of emphyteusis and superficies are highly similar.The main aim of granting a person a right of ownership was the seeking of old states to cultivate free land and urbanize old towns. Emphyteusis may be inheritted or given right of ownership and govenment of re aliena with the condition of safeguarding the same quality, without building and planting long-living plants, and without other works that may obviously increase the price of land value while paying core rent taxes (canon) for the owner. Superficies is inheritted or given right for a person to use other person's land (re aliena) with the agreement to build after a core rent tax (canon) is paid to the land owner. Lithuanian law has made a reception of classical definitions of emphyteusis and superficies as jura in re aliena and stated classical contents of these laws. [text from author]