Prospects for the implementation of the right of development (superficies) in the Civil Code of the Republic of Uzbekistan

International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 1 Prospects for the implementation of the right of development (superficies) in the Civil Code of the Republic of Uzbekistan Dilorom Mamirovna Karakhodjaeva Professor of the Department of Civil Law Tashkent State Law University, Doctor of Law Abstract: The article examines the theoretical and practical aspects of implementing the right to build (superficies) in the Civil Code of the Republic of Uzbekistan. Special attention is paid to foreign experience in regulating the superficies and the possibilities of its adaptation to the national legal system. The author analyzes the potential benefits of introducing this legal institution for promoting investment, efficient land use, and real estate market development. Keywords: superficies, right to build, civil law, Civil Code, real estate, land relations, right to use someone else’s land plot, limited real rights. Annotatsiya: Maqolada O‘zbekiston Respublikasi Fuqarolik kodeksiga qurilish huquqi (superfitsiy) institutini joriy etishning nazariy va amaliy jihatlari yoritilgan. Chet el tajribasi hamda ushbu institutni milliy huquq tizimiga moslashtirish imkoniyatlari tahlil qilinadi. Superfitsiyning joriy etilishi investitsiyalarni rag‘batlantirish, yer uchastkalaridan samarali foydalanish va ko‘chmas mulk bozorini rivojlantirishdagi ahamiyati ko‘rsatib o‘tiladi. Kalit so‘zlar: superfitsiy, qurilish huquqi, fuqarolik huquqi, Fuqarolik kodeksi, ko‘chmas mulk, yer munosabatlari, birovning yer uchastkasidan foydalanish huquqi, сheklangan ashyoviy huquqlar. Аннотация: В статье рассматриваются теоретические и практические аспекты имплементации института права застройки (суперфиция) в Гражданский кодекс Республики Узбекистан. Особое внимание уделено зарубежному опыту регулирования суперфиция, а также возможностям его адаптации к национальной правовой системе. Автор анализирует преимущества введения данного института для стимулирования инвестиций, эффективного использования земельных участков и развития рынка недвижимости. Ключевые слова: суперфиций, право застройки, гражданское право, Гражданский кодекс, недвижимость, земельные отношения, право пользования чужим земельным участком, ограниченные вещные права. The current state of legal regulation of land relations in the Republic of Uzbekistan demonstrates that the current system of property-law structures remains limited to the traditional triad of ownership, possession, and use. Under these conditions, the institution International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 2 of lease effectively fulfills the functions inherent in development law. However, its legal nature as a contractual right does not ensure the necessary stability in civil transactions involving real estate, does not create conditions for long-term investment, and does not facilitate the efficient use of state-owned land. In analyzing the relationship between property rights and innovation, it is important to note the importance of revising and updating the system of property rights in the civil legislation of the Republic of Uzbekistan. Current economic and legal realities require the inclusion of new legal frameworks capable of balancing the interests of the state, property owners, and investors, as well as increasing the efficiency of civil transactions. In this regard, it would be appropriate to consider expanding the scope of property rights by incorporating into the Civil Code provisions on legal institutions that are currently new to Russian civil law. Among these, the following deserve particular attention: 1. A right of real property granting its holder the opportunity to periodically receive a certain amount of property from the owner of the real property—in the form of goods, money, work, or services. If such a provision is not received, the holder of the right of real property grants the right to dispose of the real property in question by foreclosing on it in a manner similar to a mortgage. 2. The right of development (superficies), which is understood as the right of ownership and use of a land plot for the construction of a building or structure on it and their subsequent operation. Historically, the institution of superficies arose as a response to the need to regulate relations between landowners and developers interested in maintaining ownership of the properties, they had built without having to acquire the land themselves. According to Roman law, any structure erected on someone else's land was considered an integral part of the land, which prevented developers from exercising their rights to the structures they had built. The introduction of the institution of superficies eliminated this contradiction by securing the developer's property rights to the property they had built while maintaining state ownership of the land. The introduction of the concept of development rights (superficies) into the Civil Code of the Republic of Uzbekistan would fill an existing gap in the regulation of property rights, ensuring a rational balance between the interests of the state as the landowner and the private investor as the developer. Unlike a lease, superficies have a proprietary nature, which gives them greater stability, legal security, and public credibility through state registration. International experience demonstrates the effectiveness of this model. Superficies International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 3 operate successfully in a number of continental European countries—Germany, Switzerland, and Austria—and have also been adopted by the legal systems of Russia and Kazakhstan, demonstrating positive results in terms of investment activity and rational land use. The main advantages of introducing the superficies system into national legislation include: 1. Investment attractiveness – development rights can be pledged, creating opportunities for long-term bank financing for construction projects. 2. Flexibility of land use – a long term (up to 99 years) ensures stable ownership and use of the land without the need for privatization. 3. Legal certainty and public protection – registration of development rights in the real estate registry eliminates the risk of arbitrary revision of contractual relations. 4. Stimulation of urban infrastructure modernization – the existence of property rights allows for the reconstruction and renovation of facilities without loss of rights to them. In modern law, a number of countries are seeing a trend toward the revival of the concept of usufruct—the right to personal use of another person's property. According to this concept, the owner of real property has the right to grant another person the right to possess and use it. This right is personal, inalienable, and not inheritable. The person holding this right (the usufructuary) is entitled to extract fruits and income from the property, provided its essence is preserved, while the owner retains nominal ownership. By its very nature, usufruct can replace a number of existing limited property rights, such as the right to use residential premises based on a lifelong maintenance contract, as well as the right to use premises by members or former family members of the owner of the residential premises, and other similar structures. The implementation of the institution of superficies in Uzbekistan's civil legislation will strengthen the system of property rights, attract investment in construction and infrastructure, and improve the efficient use of state land resources without alienation. This step is consistent with the strategic reform goals outlined in the "New Uzbekistan" Concept and will be an important element in harmonizing national civil legislation with modern doctrines of continental law. According to many scholars, emphyteusis and superficies in Roman law are property rights based on the hereditary use of another's land or a building erected on another's land. Superficies, however, primarily relate to the right to build on another's land and to International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 4 operate the structures erected. Unlike emphyteusis, superficies are not associated with the obligation to improve the land—its primary purpose is the construction and use of buildings. In German law, a similar institution is implemented in the form of hereditary building rights (das Erbbaurecht), regulated by the Law on Hereditary Building Rights of January 15, 1919. This institution allows a person (the developer) to construct and use buildings on someone else's land for a long term—usually up to 99 years. This legal mechanism was created to address land shortages and to enable construction without the need to alienate the land. The main feature of hereditary building rights is the separation of ownership of the land and the right to the building: the land remains the property of the landowner, while the right to the building belongs to the developer and can be inherited. From a scientific perspective, this institution represents a compromise between the interests of landowners and developers, facilitating urban development without changing land ownership. Landowners retain ownership and receive income through periodic payments, while developers implement construction projects without purchasing the land. This is particularly relevant in the context of urbanization and rising real estate values, making hereditary development rights an important element of land regulation in Germany. In French civil law, a similar institution is enshrined in Articles 552 and 553 of the French Civil Code (Code Civil), which regulate the right of superficies (droit de superficie). These provisions allow for the separation of ownership of land and buildings erected on it, enabling long-term use of the land without transferring ownership. In practice, this right is widely used for the efficient management of land resources, particularly in urban development. Furthermore, the institution of superficies has developed in other continental European countries, where it is used for long-term land use and construction without alienation of ownership. The inclusion of superficies in civil codes allows for more efficient land management, stimulates the development of the real estate market and investment activity, while ensuring legal protection for all parties. The Concept for the Development of Civil Legislation of the Republic of Uzbekistan envisages strengthening the institution of property rights and expanding property rights. Since the right of development as an independent, limited property right to a land plot is currently not enshrined in national civil legislation, studying international experience in regulating it in countries with continental legal systems appears to be a International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 5 particularly relevant and promising area of legal reform. Given the ongoing transformations in Uzbekistan's society and economy, as well as the introduction of innovations into all spheres of modern life, it seems appropriate to develop a comprehensive, internally consistent system of legal regulation of property relations in civil legislation. Such a system should include: Establishing special rules governing the emergence, modification, termination, exercise, and protection of other property rights; Enshrining in the Civil Code the general principles governing property rights (their characteristics, system, types, and methods of protection); Developing a hierarchically coordinated structure of general and special norms; Harmonizing civil and land legislation on the emergence, exercise, and limitation of property rights to land plots, which, in the context of developing civil turnover, are becoming the most important object of property relations. The preparation and adoption of a bill amending the Civil Code of the Republic of Uzbekistan regarding the regulation of property rights will signal the achievement of a new, qualitatively different level of legal development, which will undoubtedly be a step forward in the evolution of civil law. The implementation of the superficies concept in the Civil Code will eliminate the existing imbalance between the economic needs of real estate transactions and current legal structures, which do not ensure the necessary stability of property relations. Superficies have the potential to become a key legal instrument, ensuring the long-term and secure use of state-owned land by private investors without the need for privatization. A study of international experience (Germany, France, Switzerland, Austria, Russia, and Kazakhstan) shows that the property-law nature of superficies allows for a harmonious reconciliation of the public interest in preserving state ownership of land with the private interests of developers. Its implementation facilitates the development of construction and investment activities, the renewal of urban infrastructure, and the creation of a favorable legal environment for sustainable economic growth. For the legal system of Uzbekistan, the introduction of superficies will mark a new stage in the development of civil legislation, aimed at establishing a stable and predictable legal regime for land use. This will ensure the harmonization of national legislation with the legal systems of developed countries in continental Europe, where the institution of development law is a crucial element of real estate regulation. Thus, the inclusion of provisions on development rights in the Civil Code of the Republic of Uzbekistan will not only eliminate existing gaps in the regulation of property International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 6 relations but will also be a significant step toward modernizing the civil legal system, strengthening legal guarantees for private initiative, and realizing the strategic goals of the "New Uzbekistan" concept. Consequently, the development of the superficies institution and the introduction of other modern property rights represent a logical step in the evolution of Uzbekistan's civil legislation, aimed at creating a more flexible and effective system of legal regulation of property relations. This will not only strengthen the legal guarantees of participants in property transactions but will also contribute to the realization of the innovative potential of the national economy. References: 1. Constitution of the Republic of Uzbekistan (new edition). National Legislation Database, May 1, 2023, No. 03/23/837/0241. 2. Civil Code of the Republic of Uzbekistan. National Legislation Database, October 25, 2023, No. 03/23/871/0797. 3. Law of the Republic of Uzbekistan "On Property in the Republic of Uzbekistan." National Legislation Database, October 25, 2023, No. 03/23/871/0797. 4. Law of the Republic of Uzbekistan "On the Protection of Private Property and Guarantees of Owner Rights." National Legislation Database, June 30, 2022, No. 03/22/782/0576. 5. Civil Law. General Part. Textbook. Ed. by H.R. Rakhmankulov. – T.: TGYU, 2010. – 899 p. 6. Collective authors. Property Law. Textbook. T.: TGYU, 2025. – 424 p. 7. Sukhanov E.A. Problems of Property Law in Modern Russian Law // Journal of Russian Law. – 2016. – No. 4. – P. 36. 8. Commentary on the Civil Code of the Republic of Uzbekistan (part two). Professional commentary. Vol. 1. – T.: Ministry of Justice of the Republic of Uzbekistan, Vektor-Press, 2010. – 768 p.