Perpetuity or temporality of the real right of surface

Guardiola J.J.; Rospigliosi E.V. · Revista de Direito Civil Contemporaneo (2023)

Resumen

The surface is a property right over the property of others, characterized by its tem-porality; authorizes the surface owner to build, acquiring for a determined period of time the ownership of the building (superficial property), which reverts in favor of the owner of the land at the end of the legal relationship. The validity period of the surface right is important because its extension is closely related to the return on investment made in construction. The study of the temporal aspect of the surface must be in accor-dance with the new demands of the market, investment models and real estate traffic. This hand in hand with its legal treatment at the height of the new concept of property and its social func-tion in order to diversify and invigorate offers real estate and promote investment projects.

Instituciones: Universidad de Lima