Aspecte ale locuinţei familiei şi procedurii evacuării din imobilele folosite sau ocupate fără drept prin prisma unei abordări jurisprudenţiale

Asist. univ. dr. Maria-Iuliana CIOCAN

Universitatea "Lucian Blaga" din Sibiu, Facultatea de Drept

Keywords: family home, family member, spouses, the procedure for eviction.

Aspects of family housing and eviction procedures from buildings used or occupied without legal rights from a jurisprudential perspective

Abstract

The study examines the interaction between the legal institution of the family home (Articles 321-324 of the Civil Code) and the special eviction procedure for properties used or occupied without legal title (Articles 1034-1049 of the Civil Procedure Code), through the lens of a recent case. The dispute involved the eviction of the wife's adult daughter, admitted at first instance but overturned on appeal on the grounds of protection afforded by her status as a family member. The study argues for a restrictive interpretation of the...