THE CONCEPT OF THE RIGHT OF CONSTRUCTION AND THE GROUNDS OF ITS EMERGENCE

Abstract

The right of construction, like some civil law institutions, originated from Roman law and was established by the current civil legislation of the Republic of Armenia. Having undergone changes over time, it has turned from a long-term rental contract into a property right of a person who is not considered an owner of it. At present, the institution of the right of construction is significantly different from the institution of the right of construction, superficies accepted in Roman law.

The article covers some issues related to the concept of the right of construction, its Roman origin, and existing legal regulations in various foreign countries.

Taking into account the fact that the right of construction is formulated by a civil contract, the nature of which is not regulated by legislation, the article presented the basis of the origin of the right of construction, in particular, presented the current legislative regulations regarding the contract of the right of construction, highlighted certain problems related to the provision of the right of construction in practice: In the article, there are also made some legislative analyzes, including the decisions made by the RA Court of Cassation, at the same time it was proposed to envisage the contract for the granting of the right of construction as a separate type of contract, envisaging its legislative regulation, which aims, among other things, to specify the nature of the contract for the granting of the right of construction, excluding the possibility of granting the right of construction under any civil law contract.