Civil Code Article 838June 19, 2019

The superficiary is entitled to transfer his/her rights to another person or create a mortgage, unless otherwise provided by the agreement of contract or the custom. "The agreement as specified in the preceding paragraph shall not be effective against a third person unless it has been registered. "A building or other works and the superficies thereon cannot be separately transferred or created other rights.

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Civil Code Article 838-1June 19, 2019

Where the land and a building on such land are owned by the same person, a superficies is deemed to have been created and to exist at the time when the land and the building are thereafter sold by auction of compulsory execution to different bidder, and the rental, term, and scope of the superficies shall be determined by agreement between the parties. If such an agreement cannot be reached, the parties can apply to a court for a judgment determining these. The same rule shall apply when either the land or the building is auctioned. "The superficies as specified in the preceding paragraph is distinguished by the destruction of the building.

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