Grounds and burden of proof in eviction litigation when foreclosing on a mortgage
On January 26! 2024! the Supreme Court! as part of the panel of judges of the First Judicial Chamber of the Civil Court of Cassation! in case No. 727/11361 /22! proceedings No. 61-14776св23 (EDRSRU No. 116574941)! examined the Grounds for eviction issue of grounds for eviction when foreclosing on a mortgage.
Eviction from occupi residential premises is permitt on
The grounds establish by law. Eviction is carri country wise email marketing list out voluntarily or in court (Part One of Article 109 of the Housing Code of Ukraine).
In accordance with Part One of Article 40 of the Law of Ukraine “On Mortgage”! the imposition of Grounds for eviction foreclosure on a mortgaged residential building or residential premises is grounds for the eviction of all residents ! with the exception of tenants and members of their families. Eviction is carried out in accordance with the procedure establish by law.
Similar provisions are contain in part three of Article 109 of the Civil Code of Ukraine.
(!!!) At the same time! part two of Article 109 type of legal proceedings regarding the determination of the child’s place of residence of the Housing Code of Ukraine establishes a general rule that it is impossible to evict citizens without providing them with another residential premises. As an exception! eviction of citizens without providing them with another residential premises is allowe when foreclosure is filed on a residential premises that was purchased by a citizen at the expense of a loan! the repayment of which is secur by a mortgage on the relevant residential premises .
According to Article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental
Freedoms of 4 November 1950 (hereinafter referred to as the au emai list Convention)! every natural or legal person has the right to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. However! the preceding provisions shall in no way limit the right of a State to enact such laws as it considers necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other duties or fines.