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DAMAGES ARISING FROM THE NEIGHBORHOOD. CONSTRUCTION IRREGULAR. Lawyers in Mar del Plata

DAMAGES ARISING FROM THE NEIGHBORHOOD. Illegal construction of a building. DECREASE OF THE LIGHT. ALTERATION OF SIGHT. Impairment of property. CLAIM OF DAMAGES. REJECTION. Statute of limitations. Section 4037 of the Civil Code. Neighbor victim who brought complaints to the City Government of Buenos Aires since the start of construction offside. Oriented requirement to regulate the work and not to collect sums of money for damages. Request for judicial pose different object. ADMINISTRATIVE ACTIONS THAT LACK OF EFFECT OF INTERRUPTED CALCULATION OF THE LIMITATION PERIOD. Natural obligation. REJECTION OF THE APPLICATION
"Gauna, Raquel Haydee c / Bai Sumg Eum s / damages" - CNCIV - 08/10/2010
"The submissions referred to the Government of the City of Buenos Aires in no way disrupted the course of the requirement to claim damages; what is true not only my opinion but also, and this is good highlight - for all the case law cited by the tensioners, so that we would say, are the actors who provide the argument to have been met, the statute of limitations in this case. "

" Bottom accounts, there is an important agreement referred to case law that administrative arrangements do not interrupt the course of the prescription, especially when such actions are not a prerequisite for access to the courtroom, and even more in cases where required to Management has had a different subject to judicial pose, ie, in the present case, when claims or complaints of an administrative nature are not channeled in order to petition a sum of money for alleged damages incurred. "

" In light of this, I admit I must pronounce for the defense of statute of limitations opposite the notice and, therefore, propose to the Agreement the rejection of claim in the complaint seeks damages. "

" It is true that the admission of the prescription means in the case pretensioners can not receive damages and claiming to have suffered damages by the irregular constructions made by the defendant. But it is also true that actors, noting that in July 2001 launched the jobs that called into question, just decide to face the trial on damages in May 2007, ie almost six years later, that is when I was about triple the limitation period established by the art. 4037 of the Civil Code. "

" according to the letter expresses the art. 515, inc. 2, of the Civil Code, the opposition of the defense of prescription and compliance with the deadline set for it in this case determined that the duty to repair that may be driven head became a natural obligation, leaving it subject to the limited projections of this kind of obligations. For Thus, the compulsive demand compensation for damages requires no more nor less "natural state that this obligation has been turned back into a civil obligation."
Quote: [elDial.com - AA6707]

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