Aspects of The European Jurisprudence regarding the Legal Nature of some Legal Acts that Have as their Object Real Rights over some Immovable Property

Abstract

In the context of the interest in the development of real estate projects on land privately owned by the state or territorial administrative units, I wanted to identify how to ensure an adequate protection of the developer's rights, namely what real rights can be established in their favor and which is their correct qualification. In this sense, a recent Decision of the CJEU drew my attention. Corroborated with other cases from the CJEU jurisprudence, but not only, I wanted to clarify the nature of the relations that arise between the owner and the developer, and, indirectly, the nature of the rights constituted in favor of the developers.

Keywords

• property
• usufruct
• concession