قوانین و تبصره های تخلیه
ژوئن 28, 2014
الزام به تنظیم سند
ژوئن 28, 2014
بروزرسانی در تاریخ 1399.10.30
خلع ید
خلع ید علاوه بر معنای لغوی دارای یک مفهوم فنی و اصطلاحی نیز می باشد که به توضیح آن می پردازد:
خلع به لحاظ حقوقی عنوان دعوایی است که مالک یک مال غیر منقول بطرفیت متصرف غیر قانونی مال خود اقامه می کند و
از دادگاه (شورای حل اختلاف) می خواهد که به روند تصرف غیر مجاز متصرف پایان بخشیده و ملک وی را از تصرف او خارج کرده و تحویل او بدهند،
،شرط اصلی جهت طرح دعوی خلع ید داشتن مالکیت بلا منازع است
یعنی باید سندی داشته باشیم که مالکیت ما را 100درصد ثابت کند
مثل دفترچه مالکیت یا حکم قطعی اثبات مالکیت.اما اگر واقعا مالک باشم اما مدرکی برای اثبات آن نداشته باشم
و طرف مقابل هم ادعای مالکیت مرا قبول نداشته باشد اینجا باید ابتدا به دادگاه مراجعه کنم و دعوای اثبات مالکیت مطرح نمایم
و با گرفتن حکم قطعی اثبات مالکیت دعوای خلع در شورای حل اختلاف مطرح نمایم والا موفق نمی شوم.
دعوای خلع با دعوای تصرف عدوانی و تخلیه متفاوت است زیرا منشاء دعوای خلع غصب است
و هیچ قراردادی بین مالک و متصرف وجود ندارد اما در تخلیه قرارداد وجود دارد اما با وصف اینکه مدت اجاره پایان پذیرفته است
مستاجر حاضر به تخلیه ملک نیست اینجا باید دعوای تخلیه مطرح کرد که در آن مالکیت عین ملک نیز شرط نیست
همین که شما مالک منافع هم باشی کفایت می کند در تصرف عدوانی نیز که
به دو صورت کیفری و حقوقی قابل طرح است
باز موضوع فرق می کند در دعوای تصرف عدوانی حقوقی فقط اثبات سابقه تصرف کافی است و نیازی به اثبات مالکیت (عین و منافع)نیست
همین که سبق تصرف خواهان و لحوق تصرف خوانده و عدوانی بودن تصرف ثابت شود کافی است
اما در شکایت تصرف عدوانی کیفری
اختلاف نظر وجود دارد عده ای مالکیت را شرط می دانند اما عده دیگری فقط سبق تصرف را کافی می دانند که رویه قضایی نظر اول یعنی اثبات مالکیت را پذیرفته است.
وجوه اشتراک خلع ید و تصرف عدوانی:
هر دو دعوا قابلیت تجدید نظر را دارند.
وجوه افتراق خلع و تصرف عدوانی:
در دعوای تصرف عدوانی رعایت تشریفات دادرسی لازم نمی باشد.
در صورتیکه در خلع رعایت این تشریفات لازم می باشد.
در خلع ید به موجب ماده ۱ قانون اجرای احکام حتماْ حکم باید قطعی و بعد اجرا گردد
در صورتیکه در دعوای تصرف عدوانی چون بلا فاصله قابل اجرا میباشد نیازی به قطعی شدن و
صدور اجراییه ندارد و درخواست تجدید نظر مانع اجرا نمیباشد.
کسانیکه حق شکایت یا طرح دعوا را دارند:
-
در تصرف عدوانی لازم نیست شاکی مالک باشد بلکه مستاجر . مباشر .خادم . رعیت . کارگر و هر کس به نمایندگی یا به امانت مال غیر را متصرف است میتواند به قائم مقامی مالک طرح دعوی نماید.
-
در دعوی خلع فقط اشخاص ذینفع یا وکیل یا قائم مقام یا نماینده قانونی میتواند طرح دعوی نماید.
هزینه دادرسی خلع :
-
دعوی تصرف عدوانی و مزاحمت و ممانعت از حق غیر مالی میباشد.
-
دعوی خلع در دعوی اموال غیر منقول مالی تلقی گردیده و از نظر پرداخت هزینه دادرسی بر مبنای ارزش معاملاتی املاک در هر منطقه عمل میشود و اختلاف و یا عدم اختلاف در مالکیت تاثیری ندارد.
چگونگی رسیدگی به دعوای خلع و تصرف عدوانی:
-
در دعوی تصرف عدوانی خارج از نوبت و ملاک حد عرفی و تصمیم قاضی دادگاه میباشد.
-
در دعوی خلع وقت تعیین میگردد.
تفاوت اعتبار امر مختومه در خلع ید و تصرف عدوانی:
-
دعوای رفع تصرف عدوانی و خلع بطور همزمان یا جدا از هم قابل طرح در مراجع صالحه میباشد.
-
اعتبار حکم قاضی در مورد تصرف عدوانی تا موقعی است که قاضی ماهوی حکم نداده است.
-
حکمی که در خصوص دعوی رفع تصرف عدوانی صادر شده اعتبار امر مختوم یا قضاوت شده را ندارد بنابراین خواهان یا خوانده میتواند دادخواست خلع تقدیم دادگاه نماید ولی بالعکس حکم قاضی ماهوی اعتبار امر مختوم یا قضاوت شده را دارد و خواهان یا خوانده نمیتواند در خصوص همان موضوعی که قبلا مورد حکم واقع شده دعوی تصرف عدوانی را اقامه نماید.
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Usually, one to two points are awarded for each dollar spent, depending on the terms of the program.
They also extend capital to the business ventures in the form of shares instead of loans.
Despite the market fluctuations and its volatile nature ,these are at all times a viable choice for investments.
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It’s good to reinvest some of the profits to further build your investments.
What do supporters and detractors have to say about the Revolving Door?
But in 1979, the Federal Trade Commission decided that Amway’s business model is legitimate because it doesn’t require recruits to pay large up-front membership fees or make large wholesale purchases before being admitted into the program.
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Buffett said this year that the CEOs and boards of companies that failed during the credit crisis shouldn’t be able to pass blame to those below them.
The MSCI ACWI Index additionally had recovered to its February peak by September 2020, and closed 2020 at an all-time excessive of 645 points.
Krishna, Jai (October 18, 2013).
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And Serial eurodollars — quarterly Eurodollar futures with the exception of expiration dates.
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On UAE visit visa, you can not apply Poland visa.
In Italy, Parmalat’s Calisto Tanzi was charged with financial fraud and money laundering in 2008.
Bancorp’s present base of $294 billion and will give U.S.
Transitional bathroom design types are just that: transitions between conventional and contemporary kinds.
As that system handed, one other unseasonably sturdy low pressure space tracked across the good Plains.
Visit the U.S. Treasury Net site for up-to-date information about earnings-tax withholding, Social Security and Medicare withholding, as well as rules about when and the way you have to be depositing these taxes (extra on this later in the article).
It is laborious to think about now, however there was a time when riding a bike was deemed “unsafe” and “unladylike.” But in the late 1800s the “security” bike (or “safety”) rolled onto the scene and altered every little thing.
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For example, living in France and having an offshore bank account in Panama, a jurisdiction often perceived as being a tax-haven.
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They will test if you still meet all the necessities.
Repeat after us. A Junior Jedi must at all times help others use wisdom in the alternatives he makes by no means use his energy for evil and defend justice though out the galaxy.
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Guard Orcflayer not has any references to Felwithe in his lore textual content and now has the Warrior trait instead of the Ranger trait.
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Mercure, October 15, 1791.
The commonest question we get from ladies is about choosing the right sneakers for travel-because finding cute and snug travel sneakers which can be sturdy sufficient to withstand hours of walking may be overwhelming.
In For a brand new Liberty: The Libertarian Manifesto, Rothbard proposes a once-and-for-all escape from the 2 major political events, the ideologies they embrace, and their central plans for using state energy against folks.
Van Helsing went about his work systematically.
To run 4K easily, you will need a prime-end graphics card costing over $600, however even then, some titles can not even run stable at 60FPS.
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Meals Storage Part 5: How much food do you have to store and where ought to you put all of it?
The Skechers Summits weighed solely 6.Ninety five ounces or 197 grams.
So one should use engineering to discard the 99.9 of people who don’t have any clue what’s going on.
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Whether it is walking to the lodge, locking up your skis, and even strolling back to your hotel, you will should tromp by way of snow.
Winter season is a relief from the nasty summers but at the same time it will get very onerous to perform your routine work in the severe chilly.
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He was raised, nevertheless, as the bastard son of Lord Eddard Stark.
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