Lipsa efectelor măsurii evacuării dispuse pentru lipsa titlului locativ în ceea ce privește mențiunea domiciliului din cartea de identitate a celui evins
Lack of Effect of the Eviction Measure Ordered for Lack of Title as Regards the Mention of the Domicile in the Identity Card of the Evicted Person

Summary/Abstract: According to the case law, when the eviction of a person is ordered, as a result of a finding of lack of title – meaning the absence of any real or personal right over the property that he or she uses or occupies – the mention of the evicted person’s domicile in the identity card cannot be deleted per judicationem. This situation, in the case of a person evicted in bad faith, led us to ask whether there are remedies available to the evictor and what they might be. To this end, we have outlined the general aspects of the eviction measure, commented on the judicial procedure, outlined the characteristics of domicile – as an identifying attribute of the natural person – and the method of establishing voluntary domicile. Then, with reference to the practice of the European Court of Human Rights, I set out the situations in which the eviction measure may affect the right to respect for one’s home, a right protected by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

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