A shoddy work is synonymous with fight? In everyday life, many people show discontent with the work of plumbers, electricians, and entry workers of all trades, but what happens when this leads to a fight?In the proceedings "FFA c / KCA s / damages", the members of the E Division of the National Chamber of Civil Appeals, consisting of Juan Carlos Dupuis, Mario Calatayud and Fernando Cluster, condemnation actor included, for a case of this kind, the dismissal of the petition of self-defense. (Owings Mills Plumbing)
The judges showed that as stated in the evidence of the cause, was defending not powered. He complained about the installation of a pressurizing pump, and while trying to retain the worker in the home, two guards of the country in which they were present.
In addition to the lack of injuries or traces of the alleged struggle that introduced the defendant, the judges determined that the injuries suffered by the plaintiff should receive compensation of 8,800 pesos in lost profits and consequential damages.
In his Opinion, Judge Calatayud outlined that "even if all violation of a right must be repaired or avoided through state intervention, can circumstances so unexpected and sudden attack requiring immediate action itself threatened or occur third. This is what happens in self-defense. "
The judge noted that "our Civil Code contains no provision which provides for self-defense as a defense to liability, while section 2470 provides: 'The fact of possession gives the right to protect itself in possession, and repulse force with the use of sufficient force, in cases where the aid of justice would be too late; and it was deprived of proper authority can recover it without time, provided it does not exceed the limits of self-defense. It is the defense of extrajudicial possession. '"
Following the appointment, the maid outlined that "the criminal protection is contained in Article 34, paragraph 6 of the Criminal Code" are not punishable (...) which obrase in own or their rights defense, provided that concur the following circumstances: unlawful violence; rational necessity of the means employed to prevent or repel; lack of sufficient provocation on the part of defending herself. '" (garbage disposal installation)
"Therefore, it has been argued that being expressly authorized self-defense as a means of defending private ownership, is sufficient justification for applying the standard of the Criminal Code transcribed.For it must meet the following conditions: that is illegitimate, unjust aggression; This attack, that is started and not finished; rational necessity of the means employed to prevent or repel aggression, that is proportionate to the seriousness of it; and there should be no provocation on the part of those who are defending, "he added the voice.
The member of the Chamber said that "the defense must be rational in terms of their need and the same means used, resulting in critical danger the subjective estimate is believed to be exposed or thought which advocates". (plumbing contractor)
The member of the Chamber entered the analysis of the particular case saying: "In this vein, to refer the defendant appellant, contrary to what is claimed by the lower court, unlawful violence that have taken place from the beginning by the actor the unlawful act of remaining in the house, and upon being thus prevented the brawl begin with struggles to continue entering the farm, I share the analysis made by the Judge of the previous instance in the sense that it showed K. invoked the cause of justification. " (sump pumps)
That is so, "since, as is clear from the evidence in the case, F. was in the house operated to perform the task of relocating the pump to the subsequent repair of the same," said the sentencing.
"After completing the installation remained in the house for the sole purpose of claiming retirement security record that the defendant had signed him two days ago and informed him that K. had lost. Nor was the defendant hit rational actor being present at the site, with the aim of ending the conflict, two country's security, "he said Calatayud. (plumber in Owings Mills)
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