Some procedural difficulties relating to the scope and method of solving the eviction procedure out of the real estate being used without having the right to
Some procedural difficulties relating to the scope and method of solving the eviction procedure out of the real estate being used without having the right to

Summary/Abstract: The present study aims, mainly, to analyse some problems of interpretation of the scope of the special procedure of eviction procedure out of the real estate being illegally used, arguing the incidence of the exception to the inadmissibility (ineligibility) of the action/ claim (as a procedural exception), in the event that the action/claim exceeds the restrictive scope provided by law or in which the rule electa una via is breached, or, as the case may be, the incidence of a dismissal solution. In particular, we analysed the situation of the joint venture agreement and the case in which the defendant could oppose the usucapio (prescription) of the real estate from where eviction is requested, but also the hypothesis in which the plaintiff uses the special eviction procedure, although an eviction claim of general jurisdiction is pending. The study also states that the special eviction procedure can only be used if the plaintiff can outline a clear legal situation.

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