Provisions on the term and legal effect of surface rights under the 2015 Civil Code and some recommendations for improvement

Abstract

The right of superficies is a legal institution that was first recognized in the 2015 Civil Code of Vietnam. However, the provisions governing the right of superficies have revealed a number of limitations and shortcomings in the course of practical application and enforcement, particularly those concerning its term and legal effect. This article focuses on analyzing and evaluating the provisions of the 2015 Civil Code relating to the term and legal effect of the right of superficies. On that basis, it identifies existing inadequacies and practical difficulties, and proposes recommendations to improve the legal framework governing the term and legal effect of the right of superficies.