El nuevo procedimiento civil para garantizar la posesión de viviendas frente a su ocupación ilegalA propósito de la Ley 5/2018, de 11 de junio, de modificación de la Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil, en relación a la ocupación ilegal de viviendas

Abstract

Act 5/2018, of 11 June amending the Civil Procedure Rules, on the basis of the current oral proceedings to regain possession creates a new procedure with a more limited purpose: the recovery of dwelling (not any another type of property or rights) whose owner (only a natural person, a public administration or a non-profit legal person of private nature) has been unlawfully deprived of its possession. The aim is to give a quick response to the phenomenon of illegal occupation of dwellings property of individuals or administrations, due to the ineffective existing procedures. Among the most important developments (in addition to the objective and subjective limitation aforementioned) it could be stressed the possibility of direct claim against the ignored occupants, that must be identified later; and the existence of an optional payment procedure incident protocol (so called by the Law) aimed to regain the possession of the dwelling very quickly and without having to wait for the judgement. Likewise, it also introduces for this and other procedures the possibility of notification to the competent authority in the care field so that this authority can take the necessary steps before an eviction. Those are few modifications to an existing procedure of special and summary nature. For a proper understanding of the reform, we analyse jointly and systematically the new resulting procedure, with emphasis on what constitutes the real novelties of the reform and the problems that might arise