Author(s) Neiza Fernandes Rodrigues Araújo
Advisor(s) Eva Sónia Moreira da Silva
Year 2012

Synopsis The aim of this thesis is to clarify in which situations the contractor should be responsible for the damages caused to a third party because of his own actions or the actions of a third party, in the exercise of his professional activity. Although it may appear to be simple, in certain cases the law blames or holds directly responsible other people, which could free the contractor from direct responsibility. Another issue regarding the contractor’s responsibility is the determination of the aggrieved party. Would the aggrieved party be only the pedestrians and the holders of the property right of the nearby damaged building? Or could they be the workers too? Or the holders of other rights in rem over the damaged building? However, regarding these last holders, this right to compensation could it be in fact a right of the holder of the right in rem or a right coming from the owner’s right? Depending on the right in question, we consider that some holders of these rights should be integrated to the list of the aggrieved party. On the contrary, others cannot be considered for many reasons. However, the contractor can be hold responsible in different ways: directly, indirectly or through the exercise of the right of recourse by the construction’s owner.

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