Responsabilidad objetiva del propietario de una finca por los daños causados en la finca colindante por incendio. Determinación de la causa

Abstract

This case deals with the determination of responsibility of homeowners when fires occur in them, being leased housing, and the responsibility of the tenant, in relation to damages of any kind caused to the adjoining housing distressed. The allocation of responsibility is connected with the determination of where the fire had originated, unless there is appearance of unforeseeable circumstances or force majeure and, secondly, that responsibility is allocated to the person having control of the activity pursued there, who owns it.

The immediate and material deforcement of the housing, and the control on the exercised activity corresponds to the lessee, occupant of the housing the fire produces to itself, which does not offer doubt. But it remains to determine which is the title of imputation that, in his case, allows to demand responsibility from the owner of the housing, and if for only made of it being he has to support the reproach of fault foreseen in the art. 1.902 CC, given that neither has the immediate possession of the housing, does not even have control on the activity in her developed. In order that the lessee remains liberated of responsibility it must prove that in the fire there was for your part neither fault nor any negligence or at least that had taken the necessary measurements of care, vigilance or forecast.