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- Condomínio Edilício. Questões Relevantes. A (difícil) Convivência Condominial
Queda de objeto
Autor | Fábio Hanada - Andréa Ranieri Hanada |
Páginas | 297-298 |
Page 297
1. Responsabilidade pela queda de objeto de apartamento locado. Do locatário ou do locador?
Nelson Kojranski externa sua respeitável posição, dizendo: "provocado o dano por queda de qualquer coisa, surge a obrigação de indenizar. É óbvio que a responsabilidade do ressarcimento é de quem cometeu o prejuízo. Se foi causado pelo próprio condômino que reside no apartamento, a solução jurídica não encontra dificuldade: ele é o responsável. Mas, se o apartamento ou o escritório se encontra alugado a terceiro, a responsabilidade deixa de ser do condômino-locador, posto não ser o causador direto do prejuízo, e sim o que inquilino. Nesta hipótese, a restrição doméstica da convenção dá lugar à regra geral do art. 1.529 do CC, que prevê: ‘Aquele que habitar uma casa, ou parte dela, responde pelo dano proveniente das coisas que dela caírem ou forem lançadas em lugar indevi-
Page 298
do’. Como a lei civil identifica o responsável pelo dano na pessoa que ‘habita uma casa ou parte dela’, segue-se que o locador de um apartamento ou de um escritório não responde pelos prejuízos que forem ocasionados pelo seu locatário. Neste caso, a ação...
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