PRAVNI ZNAČAJ OPASNOSTI ŠTETE KOD „LOCATIO CONDUCTIO REI“

Abstract

According to the rules of Roman law, if there is a risk of damage due to a defect in the building, whether it was a defect in the construction or a consequence of nonmaintenance, the threatened neighbor had the right to cutio damni infecti. In the form of a stipulation, the owner of the building promised to compensate for any damage that may occur due to the condition of the building. However, the fact of risk of damage had a certain legal significance in contract for the lease of apartments in residential buildings (insulae). The fact that such building is risk for future damage had legal significance for tenant (conductor) and also for lessor (locator) which will be the subject of consideration in this paper.