THE (IM)POSSIBILITY OF EVICTION BY SPECIAL PROCEDURE OF THE LESSEE FOR NON-PAYMENT OF RENT IN THE ABSENCE OF PREVIOUS TERMINATION OF THE LEASE Cover Image
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(IM)POSIBILITATEA EVACUĂRII PE CALEA PROCEDURII SPECIALE A LOCATARULUI PENTRU NEPLATA CHIRIEI ÎN LIPSA REZILIERII ANTERIOARE A CONTRACTULUI DE LOCAŢIUNE
THE (IM)POSSIBILITY OF EVICTION BY SPECIAL PROCEDURE OF THE LESSEE FOR NON-PAYMENT OF RENT IN THE ABSENCE OF PREVIOUS TERMINATION OF THE LEASE

Author(s): Cristian Alexandru Mitroi
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: location; termination; eviction;

Summary/Abstract: Pursuant to art. 1038 para. 1 et seq. C.pr.civ., The court notified exclusively with the eviction request by special procedure, finding the simple fact of non-payment of rent, can not simply consider the lease contract terminated and can not directly order the eviction of the tenant if he did not intervene previously termination of the lease. Until the termination of the lease, the basis on which the tenant has the right to use the property is the lease that is still in force and which obliges the landlord to ensure the continued use of the property and the mere fact of non-payment of rent does not affect these rights. obligations as long as the specific sanction did not intervene - termination for the culpable non-execution of the obligation to pay the rent.

  • Issue Year: 2020
  • Issue No: 08
  • Page Range: 17-26
  • Page Count: 10
  • Language: Romanian