A Right to Build upon Another's Land

The purpose of this project is to reveal clue characteristics of the right to build upon another’s land and to consider prospects of its formation and development in Russian law. The main objectives of the paper are: 1) to learn the reasons of the appearance of superficies in the Roman law, 2) to analyze the prerevolutionary Russian law, 3) to reveal clue characteristics of the right to build upon another’s land in the USSR, 4) to investigate superficies in the France and Italy legislation, 5) to consider main characteristics of the superficies in Germany, Austria and Switzerland, 6) to study modern legal regulation of constructing upon another’s land in Russian Federation, 7) to analyze draft law of superficies in Russia, 8) to make a conclusion about prospects of its development in Russian law. Based on the research the following conclusions were made. Firstly, the right to build upon another’s land provides more legal protection for constructors than lease. Secondly, it can help to increase the level of investments, the number of constructions, and it can reduce prices. Thirdly, superficies can be pledged to get a loan from the bank. Fourthly, it can be a solution for a problem of constructing upon another’s land when the idea of united immovable object concept will be implemented. Fifthly, it can solve a problem of approximation of right in rem and law of obligation.