LA CONTRAPRESTACIÓN O PRECIO EN EL DERECHO DE SUPERFICIE.

Abstract

This paper conducts an analysis of the consideration that can be established for the lessee to pay as a consequence of the creation of a real right in the surface of land. In its first part, the paper analyses the legal nature of the obligation to pay a consideration. Arguments are furnished for at least wondering about or doubting the initial intuition that makes us think the obligation is a merely personal one, and it is suggested -on the basis of the arguments given- that the possibility of the obligation's being a propter rem obligation might be entertained. The second part of the paper analyses in detail the different types of consideration listed in article 40.3 of Act 8/2008. More specifically, the paper focuses on the legal nature of the rights acquired by the person to whom the consideration is owed and the way the rights are acquired.