Revista chilena de derecho
On-line version ISSN 0718-3437
CORNEJO AGUILERA, Pablo. INCENTIVES FOR THE CONSERVATION AND LIABILITY RULES: THE LIABILITY OF THE BUILDING’S OWNER FOR THE DAMAGES CAUSED BY ITS COLLAPSE. Rev. chil. derecho [online]. 2012, vol.39, n.1, pp.33-56. ISSN 0718-3437. http://dx.doi.org/10.4067/S0718-34372012000100003.
This paper enters upon the problematic relationship between the claim for damages and the complaints for collapsing building, when who pretends to try one of this remedies is a neighbour of the building which suffers the collapse. For this purpose, we will develop an argument not based in the victim’s interest, but in the social incentives for the conservation of goods and the way how these valuations impose the existence of a real order of preference between these actions. Finally, with the purpose of being useful as a corrective to a strict interpretation of the legal rules analyzed, possibles jurisprudencial development’s guidelines are insinuated, destined to protect the neighbour who has satisfied his duties of self-care of analog way to the required by law.
Keywords : building; collapse; neighborhood’s relationship; property; liability.