Superficies in foreign countries: history and modernity.

Abstract

The institution of superficiality originated in Ancient Rome and exists in various models today in the legal systems of many countries, which proves the high value and universality of this legal structure. He was analyzed as classics of the law of the past centuries, and there are modern leading civilists. However, as our research has shown, not all the achievements of foreign specialists in the field of civil law are available to domestic theorists. This is explained both by the significant amount of accumulated information itself and by the difficulty of choosing it when preparing specific scientific publications. The author understands the monumentality of the raised problem and sought to focus on those aspects of it that other Russian scientists do not always pay attention to in their publications. The novelty of the undertaken research is the introduction into the domestic scientific circulation of modern English-language publications on the legal regulation of superficies in the countries of Eastern and Central Europe and Japan. The relevance of the article is seen in an attempt to use the examples of foreign legislation to assess the prospects for using this concept to improve Russian legislation. In addition to the formal legal method, which is traditionally the main tool for the author, the comparative legal method, typology and classification were used in the preparation of the article. The object of the study is legal relations mediated by the institute of superficies. The subject of the study is the legislative acts of modern foreign states and the norms of law governing super-official relations in earlier historical periods.