| Abstract [eng] |
Relationship Between a Land Plot and a Building in Lithuanian Civil Law Land is finite and one of the most important economic resources. Due to historical reasons, ownership of the land plot and the building became separated in Lithuania. In most such cases, the owner of the land is the state and the owner of the building is a private individual. Analysed relationship between the land plot and the building poses challenges to the legislator, as it deviates from the principle of superficies solo cedit established in the Civil Code. Owners of buildings who own buildings and / or plan to build new buildings on public land plots, that are leased on a preferential basis, often face a lack of legal certainty. Moreover, state land trustees do not have some rights that would allow state land to be used more efficiently than leasing on a preferential basis. This work raises the main problem, which is relevant both theoretically and practically: whether the legal regulation of state land plots and the structures on them ensures efficient and rational use of state land plots. The aim of this study is not only to analyse the existing legal regulation, but also to assess its validity and propose a better regulatory concept. The work is divided into three parts, and parts into separate chapters. The first part of the work presents the concept of land plot and building, the role of the state as the owner of the property and the rights of the trustees in ensuring the efficient use of land plots for the public good. The second part presents a brief historical discourse on the subject. The third part focuses on the problems of current regulation and the practice formed by Lithuanian courts. After discussing these issues, the concept of more effective regulation is presented. At the end of each chapter, a brief summary of the issue addressed is provided. |
