Legislator Case Law & Legislation
BS-1309/2004-VLR ECLI:DK:VLR:2023:BS0000002031 AI generated

Court dismissed claim for damages regarding fire risk transfer to a society in a civil dispute.

Case Number BS-1309/2004-VLR
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the plaintiff's claim for 982,500 DKK concerning whether the risk of a fire-related project had transferred to a society at the time of the fire. The plaintiff argued that the risk transfer occurred when the society took possession, while the defendant contended the risk remained with the original owner until completion. The court ruled that the specific conditions for risk transfer under the relevant contract were not met at the critical moment of the incident.

Legislator headnote

AI generated

Section 1157 of the Danish Civil Code; Section 1158 of the Danish Civil Code: The risk of damage to the subject matter passes to the buyer only when the thing is delivered, unless otherwise agreed.

Keywords

AI generated
risk transfer property delivery fire damage contractual liability civil compensation possession transfer Danish Civil Code

Cited Legislation

AI generated
Section 1157 of the Danish Civil Code
Section 1158 of the Danish Civil Code
AI generated

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Full text

Påstand om betaling af 982.500 kr. i sag om, hvorvidt risiko for et anlæg var overgået til forening på tidspunkt for brand