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In the same way, the article sets that right along with the landowner
of the structure the persons who have the right of usufruct or occupier
are also held liable for the insufficiencies in the maintenance or owe duty
of care to keep the premises in safe condition. In spite of the fact that
the persons who have the right of usufruct or occupier are held liable
for the insufficiencies in the care of the structure, they are not liable for
the defects in the construction of the structure. The persons, who are
responsible in this matter, have the right of recourse against persons who
are responsible to them.
On the other hand, the article 70 states that where no damage has
been occurred yet, but a danger of damage exists, the person who can
potentially suffer from that damage has the right to ask the owner of the
structure or the construction work to remedy to this situation by taking all
the necessary precautions.
Danger Liability
It is set in the articles 71 and the followings of the Code. The proprietor
of an enterprise, of which exposes a serious amount of danger or themanager
(if it exists) of such an enterprise is respectively liable for the damages
caused by the activities of this enterprise. In this scenario, principally it is
a matter of the existence of an enterprise exposing an imminent danger,
which is of a severe degree. The criterion of an enterprise presenting an
important degree of danger can be found in the article. Taking into account
the materials used, the equipment, considering the fact that even with the
proper care of an expert the enterprise is propitious to the occurrence of
frequent or severe damages, this enterprise is considered to be an enterprise
exposing a serious degree of danger. Even if these kinds of enterprises are
permitted by law to exercise their activities, the people who suffer from
these damages have the right to demand a compensation for their prejudice.
Conclusion
The articles of the Code on the objective liability different from the
ones of the Code of Obligations n° 818 still in force and newly drafted,
carry expanded liability clauses. It is thus possible to affirm that the
arrangements made in this respect are effective to solve the problems
encountered in a daily base and are appropriate.