The key to the case is the need to prove what functional purpose this room (attic) has – is it a separate property or is it an auxiliary room of the house. What documents can confirm this – this is technical documentation for both the design and construction of the house and the technical passport (inventory file for the house)! the act of commissioning or other permits BONUS VIDEO for the commissioning of the specified room and other technical documentation. Therefore! if such documentation is available to the client! it must be analyzed (regarding whether to submit it to the court so that it is in the client’s favor). If any documentation is missing from the specified list – it is possible to request it both out of court and in court.
I did just that – the client provided some documentation
And I requested some documentation BONUS VIDEO both country wise email marketing list out of court and in court. But I was unable to obtain the full package of necessary documents! which made it impossible to provide an answer (according to the documents) as to what the functional purpose of the disputed premises was.
Part 1 of Article 103 of the Code of Civil Procedure states that the court shall order an expert examination in a case under the following conditions:
1) to clarify the circumstances relevant to the case! special knowledge in a field other than law is necessary! without which it is impossible to establish the relevant circumstances;
2) the parties (party) have not provided financial institutions! there were three criteria relevant expert opinions on the same issues or the expert opinions raise doubts as to their correctness.
Therefore! to clarify the circumstances that are relevant to a given case! in order to resolve the case and make a lawful and reasoned decision! special knowledge in a field other than law is necessary! without which it is impossible to establish the relevant circumstances.
Accordingly I prepared and filed with the court a corresponding
Petition for the appointment of a construction and technical ao lists expertise! for the resolution of which I raised the question: for what functional purpose (ancillary premises of an apartment building or non-residential premises) was it designed (built)! for what functional purpose was it put into operation! and what functional purpose does the disputed premises have on the date of filing the lawsuit with the court?