TITLE VI

SUPERFICIES

 

Section 1410.- The owner of a piece of land may create a right of superficies in favour of another person by giving him the right to own, upon or under the land, buildings, structures or plantations.

 

Section 1411.- Unless otherwise provided in the act creating it, the right of superficies is transferable and transmissible by way of inheritance.

 

Section 1412.- A right of superficies may be created either for a period of time or for the life of the owner of the land or of the superficiary.

If it is created for a period of time, the provisions of Section 1403 paragraph 3 shall be applied mutatis mutandis.

 

Section 1413.- If no period of time has been fixed, the right of superficies may be terminated at any time by either party giving reasonable notice to the other. But when rent is to be paid, either one year’s previous notice must be given or rent for one year paid.

 

Section 1414.- If the superficiary fails to comply with any essential condition specified in the act creating the superficies or, when rent is to be paid, he fails to pay it for two consecutive years, his right of superficies may be terminated.

 

Section 1415.- The right of superficies is not extinguished by destruction of the buildings, structures or plantations even if caused by force majeure.

 

Section 1416.- When the right of superficies is extinguished, the superficiary may take away his buildings, structures or plantations, provided he restores the land to its former condition.

If, instead of permitting the removal of the buildings, structures or plantations, the owner of the land notifies his intention to buy them at market value, the superficiary may not refuse the offer except on reasonable ground.

 

TITLE VII

USUFRUCT

 

Section 1417.- An immovable property may be subjected to a usufruct by virtue of which the usufructuary is entitled to the possession, use and enjoyment of the property.

He has the right of management of the property.

The usufruct of a forest, mine or quarry entitles the usufructuary to the exploitation of the forest, mine or quarry.

 

Section 1418.- A usufruct may be created either for a period of time or for the life of the usufructuary.

If no time has been fixed, it is presumed that the usufruct is for the life of the usufructuary.

If it is created for a period of time, the provisions of Section 1403 paragraph 3 shall be applied mutatis mutandis.

In any case the usufruct comes to an end on the death of the usufructuary.