This case has been cited 1 times or more.
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2006-07-20 |
CALLEJO, SR., J. |
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| The trespass referred to in Article 1654, paragraph 3, of the New Civil Code, is legal trespass or perturbacion de mero derecho. The lessor is not liable for the mere fact of a trespass or trespass in fact (perturbacion de mero hecho) made by a third person of the leased property. The lessee shall have a direct action against the trespasser and not against the lessor. As explained by the Court, if the act of trespass is not accompanied or preceded by anything which reveals a really juridic intention on the part of the trespasser, in such wise that the lessee can only distinguish the material fact, such a trespass is merely a trespass in fact.[35] | |||||