On March 28, 2019
Now exchange rate: 7.57 ￥ of 1 €=
Tomorrow weather: Barcelona ℃ of 16 ℃ ~7
Comprehensive information, spanish Zaragoza produces one Chinese live meet with person of 3 South America (Colombia) forcibly occupy incident, the Chinese is persuaded adopted an armed strength to drive out without fruit hind, did not think of to be arrested finally instead by the police, open a court session of Spanish place court tried this to have a case recently, both sides all is faced with sentence processing.
Network plan
According to introducing, incident happened 2017 controlled at 5 o'clock on January 16 afternoon, two Chinese and the person that take a room people peace is communicated, hope 3 person that take a room can leave, but the rejection that suffers the other side. After this, these two Chinese want to use hard scrip to lever the door enter, but the resistance of the person that sufferred take a room. Driving for many times after disabling, after they leave this abode before long, the chopper in taking butcher's again is returned again. And after the Colombian sees this state, taking hammer, stick, leather belt and screwdriver, hit with the Chinese.
Current, both sides put forward to accuse to the other side, but the testimony that there are two polices only now. The witness says, when they arrive, saw a Colombian only, did not see a Chinese, and so called Chinese holds chopper to drive, also the Colombian tells them, but also be the China around really those two chopper saw in inn. Nevertheless, do not have other eyewitness. So, both sides sticks to his argument now, each other accuse.
According to the narration of police, check just asks the court sentences these two Chinese one year half imprisonment. In addition, the person that check still just asks the court sentences another to take a room a year of imprisonment.
How to drive out illegal embezzlement person?
Since July 2, 2018, will be driven out more easily by the landlord of illegal embezzlement building embezzlement person, after the course is revised drive out the program has passed civil way become effective, accelerated time, reduced pair of landlord to be able to drive out embezzlement person requirement.
5/2018 date law, edited " code of civil law " , protect a mechanism appropriately to was built by the landlord of embezzlement building, and can recover house property instantly.
The crucial content of the program after revising will explain to everybody below:
Who can ask to drive out your?
All and rightful house property owner, no matter be commonly used residence,still be the 2nd residence (do not include store) , can apply for to drive out your, if property right is,belong to bank or the other business organization of any advantageous profit motive nevertheless (invest fund for example) do not include new program is here medium.
What person is lawsuit aimed at?
Original law falls in a lot of circumstances, because of the person that landlord cannot identify embezzlement, bring about whole process protracted. Revise modification law, the largest window can be in to any embezzlement the embezzlement of the building person offer suit.
Drive out litigant announcement, be in the announcement the embezzlement inside the building person.
If embezzlement person be regarded as weak force group (for example, the family that has a child) , this new law regulation, below the circumstance that agrees in relevant parties, public service department meets relevant society be informed to drive out program, so that corresponding safeguard is taken inside 7 days.
Need what to document submit?
According to the requirement, owner must the file that attach can prove its droit, for example contract of house property business, house property rents a contract, prove its hold house property has authority or access.
Drive out does the program need how long?
Accuser (landlord) can ask instantly consign building. Below this kind of circumstance, the judge is before the court decision, will give defendant (embezzlement person) deadline of 5 days, any files that so that its are carried,keep in this house property for proving they have right (for example, the contract that rent) . If they did not make plead to embezzlement, the court stands the command be about to building reassign its are lawful everybody, premise is the court recognizes its right adequately already. In be operated actually, because municipal government does not have enough hand or policy consideration, drive out may defer.
Drive out judgment is final court decision, cannot put forward to appeal.
Still have other and lawful kind?
When from 2015 citizen safety law introduces embezzlement as slight illegal behavior, shocking embezzlement, namely house property is possessory did not agree or flagrant embezzlement, also can solve through criminal or administrative approach.
Illegal embezzlement can be regarded as rapacious pain (can sentence 1-2 year imprisonment) , ask to refer police report or criminal appeal in the court, enter criminal proceeding.
In addition, according to 4/2015 date law the 37.7th, begin from July 1, 2015, building of illegal embezzlement other, belong to administration to violate compasses act, can be in with the 100 Europe amerce to 600 euro.
The judicatory medium of communication that at present 3 kinds differ will handle embezzlement this one problem. If countrymen residing abroad encounters this kind of problem, office of the attorney that start league suggests you get in touch with the lawyer building that has experience instantly, seek advice call in the optimal program of house property, reduce the loss of oneself.
Integrated origin
Editor / HANA
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