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The owner responds pursuant to art. 2051 of the fumes coming from the chimney of the pizzeria that manages the premises

  • 28/12/2020

The "Corte di Cassazione" with order of 10 December 2020, n. 28197, provides that with reference to the lease of the property, which involves the transfer of the availability of the leased property and its appurtenances, although the tenant's obligation to keep the leased property is ordinarily configured, from which also the liability on his charge - without prejudice to the solidarity with other subjects to whom the custody belongs as having the same title or different titles that import the coexistence of management and interference powers on the asset - pursuant to the aforementioned art. 2051 cc, for damages caused to third parties by the parts and accessories of the leased property, however the owner is responsible for the damage caused by the masonry structures and the systems incorporated therein, of which he maintains the legal availability and, therefore, the custody.

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