Evacuation of Improperly Used Buildings. Common or Special Law Procedure?
Evacuation of Improperly Used Buildings. Common or Special Law Procedure?

Summary/Abstract: Eviction of a person from improperly used building can be done in two ways: amicably, if the holder of the right to use the property asks the person who uses or occupies that property without right to leave, and the person agrees to the release of the building; or in court, if the person in question does not agree with the release of the property. In court, the applicant may choose either to promote a common law action based on the provisions of Article 192 (1) and the following of Civil Procedure Code or to use the special eviction procedure from buildings used or occupied without right, regulated by the provisions of Articles 1.034- 1.049 of the Civil Procedure Code. In view of the speed of the special proceedings, the enforceability of the judgment and the conditions for obtaining the suspension of enforcement, the applicant should use it to the detriment of ordinary proceedings.

• Details
• Contents