Ecrimisil case, also known as unfair occupation compensation case, is a compensation case filed in case of malicious use of a property or immovable property without the consent of the owner. The purpose of this case is to compensate the damage suffered by the owner.
In order to file an ecrimisil lawsuit, certain conditions must be met:
Ownership of the goods or real estate must belong to the person who filed the lawsuit.
The property or real estate must be used without the consent of the person who filed the lawsuit.
The use must be malicious.Bad faith means that the occupier uses the property or real estate even though he knows that it belongs to someone else.
There must be material damage to the owner of the property or immovable property.
How is Ecrimisil compensation calculated?
Ecrimisil compensation is calculated based on the comparable rental value of the property or immovable property. In the calculation, the occupation period and the usage status of the property or real estate are taken into consideration. Additionally, additional damages suffered by the owner may also be covered by compensation.
When will the Ecrimisil case be filed?
An Ecrimisil lawsuit can be filed at any time from the date the occupation began. However, the statute of limitations is 10 years. This period starts from the date the occupation ends.
How to file an Ecrimisil case?
Ecrimisil cases are filed in the civil courts of peace. The petition must include information such as the plaintiff’s identity information, the defendant’s identity information, information about the property or immovable property, the date and duration of the occupation, the damage suffered by the owner and the claim for compensation. In addition to the petition, the title deed of the property or real estate, rental agreements, if any, and other evidence must also be submitted.
Is it necessary to hire a lawyer in Ecrimisil case?
Since the Ecrimisil case can be a complex type of case, it is recommended that you consult a lawyer and get legal support from the lawyer during the case process.
Some important information about the Ecrimisil case:
Ecrimisil compensation can only be requested by the owner of the property or immovable. Extra compensation cannot be requested by the tenant or other rights holders.
Exemption compensation covers only financial compensation. It is not possible to claim moral compensation.
Along with the lawsuit for compensation for illegality, a lawsuit for prevention of occupation can also be filed. With the lawsuit to prevent occupation, the goods or immovable property can be evacuated from occupation.
