Виникнення та розвиток права забудови чужої земельної ділянки (суперфіцію)

The article is devoted to consideration of stages of the history of development of the title of land development (superficies). The author examines the essence of the concept of using someone else’s property, namely the use of someone else’s land with the purpose of development in Roman law, the prerequisites for its emergence, the purpose of using this institution, the rights and obligations of the parties to legal relations. The article demonstrates the process of establishing and developing the right to use someone else’s land for the purpose of its development from its inception to the present. The author considers common and distinctive features in the concepts of superficies during the time of ancient Rome and in the modern legislation of Ukraine. So, for example, during the Roman Empire at the stage of the emergence of superficies, the ownership of all building belonged to the owner of the land. Of that time development of public and private legal relations, the requirements and disputes that arose during the implementation of these legal relations, led to the development and improvement of the institution. Superficies, having passed through various stages of its historical development, became the source of property rights to other people’s property in the legal systems of European states. In Ukrainian legislation, the concept of superficies was first defined in the Civil Code of Ukraine in the edition of 16.01.2003 (chapter 34). The article summarizes that the institution of superficies arose during the Roman Empire. The rapid development of society, the economy and the state as a whole dictated the requirements for changes and improvement of the norms of these legal relations. Thus, with all the historical and age-related changes, it became the source of modern norms of a real right - the right to use someone else’s land for its development. It is also worth noting that the term superficies in Ukrainian legislation is relatively young, so we can affirmatively say that this institution is developing and improving in our time through making appropriate changes in legislation and through scientific research in this area. In the course of implementing superficies, resolving disputes that arise, in court we are faced with gaps that need to be filled accordingly. This is important, since the current rapid development of economic relations necessitates the expansion of the construction process, which in turn requires clear and understandable rules, which are not fully available in the legislation. It can be generalized that both in the time of the Roman Empire and in modern times the development of social relations stimulates further improvement of superficies and creates a tendency to expand the scope of its use. It was precisely for the reasons of increasing the territory of cities and the need for housing that the institution of superficies in Roman law arose.