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Decree Law 1/2021 on the protection of consumers and users against situations of social and economic vulnerability

Jan 21, 2021 | Last news, Last news

The Royal Decree Law 1/2021 has been published , to protect consumers and users from situations of social and economic vulnerability.

The first final provision of Decree Law 1/2021 modifies article 1bis) of Royal Decree Law 11/2020 (article that is introduced from RDL 37/2020) by which measures are adopted regarding the suspension of evictions during the alarm state.

This amendment clarifies and extends protection to unqualified occupants of large-tenant housing , as it empowers the Judge to suspend releases while the state of alarm is in effect, not so much only in civil proceedings (as established by RDL 37/2020), but also those that are agreed as a result of criminal proceedings (basically for the crime of peaceful usurpation). The new provision does not protect the occupant who has entered or remained in the home through the use of violence or intimidation.

All other requirements and conditions are maintained. Therefore, remember especially that this protection is possible exclusively in the case of vulnerable people who live there without a title, before December 22, 2020, in homes with large holders (+ 10 homes in this case).

With regard to the exclusions, apart from what has been referenced on the exercise of violence or intimidation, the rest of the cases already introduced by RDL 37/2020 remain, and it is specifically clarified that no The case of protection includes cases in which the home, regardless of its ownership, is assigned by any valid title to people who use it as a habitual home or second home (in line with what has been highlighted recently of what must be considered domicile and situation protected by article 202 of the CP).

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