You do not have to wait for the accident: you can act preventively. If you have just cause to fear the collapse or partial ruin of a neighbouring building, you can require the owner to take the measures necessary to prevent that ruin (art. 90).
The demand may be directed at the owner of the building, or at the person who would be liable for it under article 89 (art. 90).
If the collapse occurs nonetheless, liability is clearly framed: the owner of a building or other structure is liable for the harm caused by its collapse or partial ruin, where this results from dilapidation, a lack of maintenance, or a defect in the construction (art. 89).
Two useful nuances:
- Where a person other than the owner is required to ensure maintenance (by contract, usufruct, or another real right), it is that person who is liable (art. 89).
- In the event of a dispute over ownership, liability falls on the current possessor of the property (art. 89).
Start, therefore, with a formal notice to take preventive measures; in the event of damage, compensation will follow the rules of article 89.
Autres questions posées par les lecteurs
Sous-questions regroupées par notre recherche — chacune renvoie vers sa réponse complète de niveau B/C.
+−Neighboring wall that collapses: what are my rights?
You can require the owner to take preventive measures against collapse. If it occurs due to deterioration or lack of maintenance, the owner is liable for damages (art. 89-90).
+−Can You Cancel a Contract Due to Seller Deception?
Yes, you can cancel if deception was decisive to your decision under Moroccan law. Fraud only allows cancellation if you wouldn't have signed without it.
+−Am I Liable for Harm My Child Causes?
Parents of minor children living with them are liable for harm caused, but can escape liability by proving they could not have prevented it.
Ceci est une information juridique générale, et non un conseil juridique. Pour un conseil adapté à votre situation, consultez un avocat inscrit au barreau au Maroc.
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