The Right of Surface in the Spas of Lima

Abstract

This article analyzed the regulation of surface law in Peruvian Law and its main aspects of contact with other relevant institutions in the real estate field. The evolution of this figure in Peruvian legislation was addressed and established the legal nature and properties of the aforementioned right, establishing its interaction with the start of real estate accession and the implications of the temporary property separation that it produces. In other important points, this article developed the ways to purchase this ownership, the role of the registration in the configuration of the surface right, the return of the cost of the constructions and the extinction of this real right. The objective of the article was to expose a first approach to the interpretation of surface law different from its classical conception, which would make it possible to find sources for the resolution of the various problems not resolved by our legislation. A second objective was the investigation of the main aspects that could compose an eventual legislative method of surface law that would provide this mechanism with a less uncertain and more attractive legal framework for legal operators, who for some time now have been using this right as a an attractive tool in the Peruvian real estate market, especially on the Peruvian coast.