RT info:eu-repo/semantics/bachelorThesis
T1 La ocupación ilegal de inmuebles
A1 Nuez Hernández, Natalia De La
A2 Grado En Derecho
K1 Movimiento okupa
K1 Ocupación
K1 Okupación
K1 Propiedad
K1 Posesión
K1 Supervivencia
AB This study begins with the definition of “occupation”, the main objective of it is to know howto differentiate the occupation from the squatting, because in spite of how common it is inour society nowadays, many people continue to confuse these terms, and therefore, analyzefrom the point of view of the law, when an occupation has happened with the purpose ofappropriation or with the purpose of vindication, and when someone’s survival is threatenedwith the purpose of possessing and not to acquiring and, therefore, when it is considered thatit has produced a disturbance of property law.In addition, we’ll do a comparison of the treatment of this movement with the purpose of civillaw and criminal law, because we’ve come across some contradictions when it comes tolegislating this matter, thus treating the crime of usurpation of real estate and the postulationsof occupation that are excluded from the criminal offense.We will also analyze the differents ways of property protection and the ways of recovering it,going through the civil procedure of the verbal judgment of eviction for precarious (art 250.12º LEC) until the law 5/2018 of 11of June that alters the LEC in terms of occupation. Finishingwith the analysis of the most cited judgment nº32/2019 that solved the constitutional appealnº4703/2018 promoted against the law 5/2018.In Conclusion, not all appropriation by “squatters” involves unlawful conduct and that it ispossible that it leads to acquiring the property by themselves, continuing what is establishedby the law.
YR 2021
FD 2021
LK http://riull.ull.es/xmlui/handle/915/24833
UL http://riull.ull.es/xmlui/handle/915/24833
LA es
DS Repositorio institucional de la Universidad de La Laguna
RD 26-dic-2024