The special evacuation procedure of buildings occupied without right
The special evacuation procedure of buildings occupied without right

Summary/Abstract: In order to protect the right of use in a more efficient manner, the legislator has adopted a special procedure that gives easy access to its means of defense. The special evacuation procedure brings quickness and promptness while the creditor of the right of use has to follow. The regulation is given in Book VI, Title XI of the Code of Romanian Civil Procedure. The legal characters show us that the evacuation procedure is: special, optional, summary, urgent and contentious. The adverse parties in the trial are on the one hand the owner or the lessor and on the other hand the lessee, respectively the tenant. The competence in solving the case having as object the evacuation of the buildings used or occupied without right belongs exclusively to the court within the district of which the building is located. According to the legal provisions before addressing to the court, the plaintiff must notify the defendant asking him to vacate the building. The legal contest is not compulsory, and the debates are summary and take place in the council chamber. The decision of evacuation given in the first instance is enforceable. The forced execution started on the basis of an evacuation decision given in this procedure in principle cannot be suspended.

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