THE ANTI-SOCIAL CONDOMINIUM OWNER AND THE POSSIBILITY OF THEIR JUDICIAL EVICTION

Abstract

The study addresses the issue of the antisocial condominium owner and the possibility of their judicial eviction as a last resort to preserve peaceful coexistence in condominium complexes. The analysis is grounded in the social function of property and the prohibition against the abuse of rights, emphasizing that the right to property is not absolute and must be exercised in harmony with the collective interest. The study examines the current legal framework, particularly Article 1,337 of the Civil Code, which provides for progressive monetary penalties, but which often prove insufficient given the severity of the conduct. The research also explores the judicial doctrine established in Statement 508 of the 5th Civil Law Conference, which legitimizes eviction when fines prove ineffective, in addition to analyzing practical cases and the impact of the innovations proposed by Bill No. 4/2025, which seeks to formalize the eviction and readmission procedure.