The surface right. Analysis of some of your legal problems

Abstract

The surface right as real right limited enjoyment is a figure that enjoy a great legal history has not had a great deal of attention by the doctrine. However, in recent years, has begun to be studied as a figure that allows to solve the economic problems posed by the acquisition of land for building, in the urban area, or planting and sowing, in the rustic.

In the Spanish Law, the figure does not enjoy a full legal regulation, and even civilly, their consistent position in the code caused serious confusion. The scarcity of regulation has caused major problems not only in regard to its configuration as real right independently but also in regard to the formal requirements for its valid constitution. Through this work we are going to analyze these points on the basis of the Jurisprudence.