Judicial rulings uphold evictions in Chile and Spain

Courts in Chile and Spain have issued rulings regarding the eviction of occupants under the legal concept of precarious occupation.

In Chile, the Supreme Court upheld a ruling requiring the restitution of a property in Curicó. The court rejected an appeal from defendants who argued that their occupation was justified due to a family relationship with the previous owner. The court maintained that a family connection alone does not constitute a serious or grave precedent to justify occupying a property without a contract.

In Spain, the Provincial Court of Bizkaia confirmed an eviction order, citing legal precedents established by the Provincial Court of Almería. The ruling emphasized that social vulnerability cannot serve as an exception to halt an eviction sentence, though such circumstances may be addressed during the judicial execution phase. The court dismissed claims of a verbal lease agreement due to a lack of evidence, such as bank receipts or identification of the alleged real estate intermediary.