STAVBA AKO PREDMET OBČIANSKOPRÁVNYCH VZŤAHOV V ROZHODOVACEJ ČINNOSTI SÚDOV

The contribution deals with the superficies solo (non) cedit principle. More specifically, paper focuses on question, if specific type of construction in administrative law is simultaneously considered as a construction in civil law or if such construction is only a part of a land. The contribution presents certain borderline cases in which the court (after considering all facts in concrete situation) decides, if particular thing is a separate thing- construction or if such thing is only a part of a land. Such judgements have progressively created criteria which can be used for the solution of the above mentioned issue. Such decisions of courts have great importance in the terms of the ownership right and its subject- there is a significant difference if someone is the owner only of land or is the owner of the construction on and/or under land as well.