Article 1410: Superficies, definition

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 667/2542 (1999)

   A testamentary grant of a lifetime right to reside on land is a right of superficies under section 1410 that the legatee may compel the estate administrator to register.

   A testamentary provision granting the plaintiff a lifetime right to reside on land constituted a right of superficies under section 1410, being a real right received by legacy; the plaintiff could compel the estate administrator to register this right.

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2. Arrêt de la Cour suprême n° 5560/2537 (1994)

   A superficies created by agreement but not in writing and not registered does not perfect as a real right and binds only the contracting parties, not successors in title.

   An agreement allowing the defendant to own a mausoleum structure built on the disputed land constituted a creation of superficies in the defendant's favour; however, it had not been made in writing or registered, so it did not perfect as a real right and bound only the original contracting parties.

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3. Arrêt de la Cour suprême n° 1719/2539 (1996)

   An agreement to build and use structures on another's land, if unregistered, creates only a personal contractual right and is not enforceable against a successor owner of the land.

   Defendant 1 financed the construction of shophouses on W's land; W consented to Defendant 1 leasing those shophouses to Defendant 2 for 20 years, after which the buildings would revert to W. The court held this arrangement constituted a contractual (personal) right: not a registered superficies: and bound only the original parties.

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Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.