LEGAL REGIME OF SUSTAINABLE AUTONOMOUS WORKS ERECTED BY ONE SPOUSE ON THE LAND THAT IS THE EXCLUSIVE PROPERTY OF THE OTHER SPOUSE
It often happens that a spouse builds a construction on the land owned exclusively by the other spouse. As long as the marriage lasts, the legal status of the construction is usually unimportant for the spouses. Still, in case of divorce or when the marriage is annulated or it ends, the problem of the rights over the building becomes topical. The paper aims to address this issue, respectively to analyze the legal regime of the building in relation to the spouse who owns the land and the one who built it.
In this line, after a short analysis of the relevant issues regarding the patrimonial relations between the spouses, the paper brings into view the main solutions proposed by the legal scholars on the topic and the possible counterarguments to those solutions and in the end we present our own optic on the issue. In a nutshell, we concluded that if no authentic contract that provides a superficies right for the builder was concluded or the owner of the land has not expressively renounced on his right of accession, the builder cannot acquire a property right on the construction, regardless if he builds it with the consent of the other spouse or even together with him.
Keywords: construction, spouse, accession, consent, property.