Abstract

The current article analyses some discussion points on the topic of construction of buildings made during the matrimony within the statutory regime of marital community of property. Currently many disputes keep arising between spouses and/or third parties about the applicability of this statutory regime to edifices build on the basis of the establishment of rights of superficies. Such contentious issues evolve from cases of gratuitous establishment of the right of superficies for the benefit of one of the spouses, or in cases where the construction was executed by one of the spouses over some property co-owned together with a third party, where the right of superficies has not been duly established and in cases of time-limited superficies in favour of one of the spouses, whereby the title over the building gratuitously passes to the landowner upon the expiry of the fixed term. These arguments require a thorough analysis of these practical hypotheses and the current court practice given on the matter.