The new procedure of evacuation of buildings used or occupied without right Cover Image
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2. Drept judiciar privat. noua procedură a evacuării din imobilele folosite sau ocupate fără drept
The new procedure of evacuation of buildings used or occupied without right

Author(s): Ioan Leş
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: New Civil Procedure Code; evacuation of buildings used or occupied without right; procedure

Summary/Abstract: The herein study examines one of the special procedures provided, for the first time, by the NCPC. The first part of the investigation envisages the general principles of the institution, namely the sphere of the procedure and its concise and alternative character. Further on, the authors evokes the main exceptional rules from the general law, underlining also the existence of certain redundant provisions, such as those regarding the competence of solving the evacuation requests. In addition to this it is remarked that however concise the procedure might be, the law allows defenses concerning the factual and legal grounds of the request. The author shows reservations in what the conciliation between this possibility and the urgent character of the procedure is concerned. The last part of the study is dedicated to the special measures that can be adopted during the evacuation procedure, such as those regarding the cessation of the abuse of use by means of a presidential ordinance, the repairs, the building examination and the possibility of the owners’ associations to exert the action.

  • Issue Year: 2011
  • Issue No: 01
  • Page Range: 140-149
  • Page Count: 10
  • Language: Romanian