Mme [M] a acquis un appartement en copropriété le 24 septembre 2015. Le 4 novembre de la même année, un dégât des eaux important a été constaté, provenant de l’appartement au-dessus, occupé par un locataire. Pour obtenir réparation de ses préjudices, Mme [M] a alors assigné la société Maif, assureur du locataire. Lors de l’examen des moyens, il a été jugé que le premier moyen n’appelait pas de décision spécialement motivée, étant manifestement insuffisant pour entraîner la cassation.. Consulter la source documentaire.

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Quelle est la responsabilité de l’assureur en cas de dégât des eaux provenant d’un locataire ?

La responsabilité de l’assureur en cas de dégât des eaux est régie par les dispositions du Code des assurances et du Code civil.

Selon l’article L. 121-1 du Code des assurances, l’assureur est tenu d’indemniser les dommages causés par son assuré, dans la limite des garanties souscrites.

Dans le cas présent, Mme [M] a subi un dégât des eaux provenant de l’appartement occupé par un locataire, ce qui engage la responsabilité de l’assureur du locataire, la société Maif.

Il est important de noter que l’article 1382 du Code civil, qui stipule que « tout fait quelconque de l’homme, qui cause à autrui un dommage, oblige celui par la faute duquel il est arrivé à le réparer », s’applique également ici.

Ainsi, la société Maif pourrait être tenue responsable si le locataire a commis une faute ayant conduit au dégât des eaux.

En résumé, l’assureur doit indemniser Mme [M] si la responsabilité du locataire est engagée, conformément aux articles cités.

Quelles sont les conditions de mise en œuvre de la responsabilité civile en matière de copropriété ?

La responsabilité civile en matière de copropriété est régie par les articles du Code civil, notamment l’article owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners owners 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