EN
According to the Glossed Judgment art. 433 does not comprise the situation when a room is overflowed by water leaking through the ceiling from another room situated above. The judgment says that in such a situation a perpetrator is liable on general basis which means that the aggrieved person has to prove negligence. The authors do not agree with the Judgment arguing that the Supreme Court's argumentation is based on the historical interpretation of the ancient Roman actio de effusis et deiectis which is no longer up to date with modern circumstances when most flats are furnished with running water and sewer systems. According to the authors the art. 433 of the Civil Code, when interpreted according to the Supreme Court’s Judgment, loses its significance.