Constitution of the superficies by legal act

The superficies, although existing in the Moldovan legislation since the adoption of the Civil Code, on 6th June 2002, is a legal institution that was not used so much due to the ambiguities contained in the rules governing it, as well as the lack of experience in the field. Therefore, with the modernization of the Civil Code of the Republic of Moldova, some existing inconsistencies in the legal provisions governing the superficies were removed, especially in terms of its legal construction, which prevented its practical application. The present paper aims to elucidate some aspects of the constitution of the superficies under the legal act, which in our opinion could be improved to allow the extension of its practical applicability