RIGHT OF SUPER CIES: SOLUTION FOR DUALISTIC PROPERTY PROBLEM
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Abstract
In accordance with the Civil Law of the Republic of Latvia a building erected on land and rmly attached to it shall be recognised as a part thereof, but after the restoration of independence of the Republic of Latvia a dualistic system of property was made as a result of the land reform and privatisation. With recognition of exception from the Latvian Civil Law, the land and the building on it became two separate properties with two separate owners. Accordingly, such legal relationship developed as mandatory lease. Mandatory lease in cases when property rights to land were restored to previous owners or their heirs, but apartments in apartment buildings which were built on these lands, were privatised by persons who already lived in them was the main problem which the legislature tried to solve for a long period of time. A new institution, the right of super cies, introduction in the Property Law, was offered as the solution for dualistic property problem which will enter into force on January 1st 2017. The paper analyses the regulation of the right of super cies with a purpose to determine whether the introduction of such an institute in addition to already existing rights to anothers property will prevent the existence of a mandatory lease.
How to Cite
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Property Law, property, dualistic property, mandatory lease, right of super cies
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