Civil liability shall arise when there are breaches of civil obligations. Let’s find out this issue “Legal regulations on civil liability under Vietnam Civil Code” with Lawyer X through the following situation: “Dear Lawyer! I want to ask when shall a person bear civil liability? What are civil liabilities prescribed by Vietnam law? Thanks for answering me!”
Legal grounds
- 2015 Vietnam Civil Code
Civil liability arising from breach of civil obligations
– An obligor which fails to perform or performs incorrectly an obligation has civil liability to the obligee.
Breach of obligations means that the obligor fails to perform the obligations on time, perform the obligations incompletely or incorrectly.
– Where an obligor is not able to perform a civil obligation due to an event of force majeure, it shall not have civil liability, unless otherwise agreed or otherwise provided by law.
– An obligor shall not have civil liability if it is able to prove that failure to perform an obligation is due entirely to the fault of the obligee.
Responsibility for continuing performing obligations
When an obligor perform its obligations improperly, the obligee is entitled to request the obligor to continue perform such obligations.
Late performance of civil obligations
– Late performance of a civil obligation is the failure to have performed the civil obligation in whole or in part as at the expiry of the time limit for the performance of such obligation.
– The party being late in performance of a civil obligation must notify immediately the obligee about the failure to have performed the civil obligation in a timely manner.
Postponement of performance of civil obligations
– When it is not possible to perform a civil obligation on time, the obligor must inform immediately the obligee and may suggest postponement of performance of the civil obligation.
In the case of failure to notify the obligee, the obligor must compensate for any damage arising, unless otherwise agreed or unless it was impossible to provide notification due to objective reasons.
– The obligor may postpone the performance of the obligation only if the obligee consents. The performance of the civil obligation in this case of postponement shall be deemed to be performance in a timely manner.
Late acceptance of performance of civil obligations
– The late acceptance of the performance of a civil obligation is where the time limit for the fulfillment of the civil obligation has expired and the obligor has already fulfilled the civil obligation as agreed but the obligee does not accept the performance of such obligation.
– When the subject matter of late acceptance of performance of a civil obligation is property, the obligor may hand over the property to a bailee must or take the necessary measures to take care of the property and is entitled to demand reimbursement of reasonable expenses. If the property is kept by a bailee, the obligor must notify the obligee.
– The obligor has the right to sell property which is in danger of being damaged or of deteriorating, and shall pay the proceeds of sale of such property to the obligee after deducting necessary expenses for the preservation and sale of the property.
Civil liability for failure to perform obligations to deliver objects
– Where an obligor fails to deliver a distinctive object, the obligee has the right to require the obligor to deliver that particular object. If the object no longer exists or is damaged, the obligor must pay the value of the object.
– Where an obligor fails to deliver a fungible object, the obligee has the right to require the obligor to deliver another fungible object. If there is no fungible object, the obligor must pay the value of the object.
– Where an obligor fails to perform an obligation as provided in clauses 1 and 2 of article 356 and causes damage to the obligee, the obligor must compensate for any damage.
Liability for late performance of the obligation to pay
– Where the obligor makes late payment, then it must pay interest on the unpaid amount corresponding to the late period.
– Interest arising from late payments shall be determined by agreement of the parties, but may not exceed the interest rate specified in paragraph 1 of Article 468 of Civil Code; if there no agreement mentioned above, the Clause 2 of Article 468 of Civil Code shall apply.
Civil liability for failure to perform obligations to perform acts or not to perform acts
– Where an obligor fails to perform an act which it must perform, the obligee has the right to request the obligor to perform the act, or the obligee may perform the act or assign the performance of the act to another person and to require the obligor pay reasonable expenses incurred and compensate for any damage.
– Where a person has an obligation not to perform an act but, nevertheless, performs such act, the obligee has the right to require the obligor to cease performing the act, make restitution and compensate for any damage.
Liability for late acceptance of performance of civil obligations
An obligee which is late in accepting the performance of a civil obligation, and thereby causes damage to the obligor, must compensate the obligor for any damage and shall accept all risks arising from the time when acceptance fell due, unless otherwise agreed or otherwise provided by law.
Liability for compensation due to breach of obligations
With respect to damage caused by breach of an obligation, the obligor must compensate for the whole damage, unless otherwise agreed or prescribed by law.
Damage caused by breach of obligations
– Damage caused by breach of obligations comprises physical damage and spiritual damage.
– The physical damage means those actual physical losses, comprising loss of property, reasonable expenses to prevent, mitigate or restore damage, and the actual loss or reduction of income.
– Spiritual damage means losses related to life, health, honor, dignity or reputation and other personal benefits of an entity.
The obligation to prevent or limit damage
The obligee must adopt the necessary and reasonable measures to prevent or limit its damage.
Compensation for damages in case of the aggrieved party at fault
Where the breach of the obligations and damage incurred due to part of the fault of the aggrieved party, the violating party only be required to pay damages corresponding to its degree of fault.
Fault in civil liability
Fault in civil liability includes intentional fault and unintentional fault.
Intentional fault means that a person is fully aware that its act will cause damage to another person but, nevertheless, performs the act and, irrespective of whether or not it so wishes, allows the damage to occur.
Unintentional means that a person does not foresee that its act is capable of causing damage, even though it knows or should know that the damage will occur, or where it does foresee that such act is capable of causing damage but believes that the damage will not occur or will be able to be prevented.
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Frequently asked questions
Fault in civil liability includes intentional fault and unintentional fault
When an obligor perform its obligations improperly, the obligee is entitled to request the obligor to continue perform such obligations.
An obligor shall not have civil liability if it is able to prove that failure to perform an obligation is due entirely to the fault of the obligee.
Conclusion: So the above is Legal regulations on civil liability under Vietnam Civil Code. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
