A Comparative Study of the Superficies System of Germany and Japan

摘要

As an ancient form of property rights,superficies system was originated in Roman law.It effectively resolved the contradictions of ownership land between uses of land and had a high degree of adaptability to the market economy.It was inherited and developed by civil law countries,but also later bad a huge impact on the property rights legislation of civil law in concept and technology.By combing the evolutive path of the superficies system of continental law legal family,we may find many characteristics in its developing process which include the changed goal of building superficies from "having" to "using",many types of superficies and the strengthened rights of superficies,and so on.These characteristics provide references to further improving China's land-use right system.