Compensation for damage is the responsibility of the infringing party to make up for the damage it causes to the aggrieved party. So what is non-contractual compensation? Let’s find out with Lawyer X through the following article:
Legal grounds
Civil Code 2015.
What are non-contractual damages?
Compensation for extra-contractual damage is damage incurred regardless of the contract. A party who unintentionally or intentionally causes damage to another person will be liable to compensate for the damage.
The occurrence of damage is a necessary condition for the liability to arise.
Conditions for arising liability for damages.
According to the 2015 Civil Code, the following conditions will give rise to the liability to compensate for damage:
Acts of violating the law infringing upon life, health, honor, dignity, reputation, property, other lawful rights, and interests
+ There is actual damage that occurred.
There is a causal relationship between the behavior and the damage that occurs.
In addition, to incur liability for damage, it is necessary to base on the fault of the parties. Violation is a condition for arising liability for damages. Under Clause 2.3, Article 584 of the 2015 Civil Code; We will understand more about the issues related to the error element as follows:
+ The person causing damage is not responsible for compensation for damage in case the damage is caused by a force majeure event or entirely due to the fault of the aggrieved party unless otherwise agreed upon or provided for by law. other determination.
+ Where property causes damage, the owner or possessor of the property shall be responsible for compensating for the damage, except for cases of damage arising as prescribed in Clause 2 of this Article.
Types of compensation for non-contractual damages.
Compensation for non-contractual damage caused by property damage
Expenses to be borne by the person responsible for compensation:
Property is lost, destroyed, or damaged.
+ Benefits associated with the use and exploitation of lost or reduced assets.
+ Reasonable costs to prevent, limit, and remedy damage.
+ Other damage prescribed by law.
Damage due to compromised health
Expenses incurred by violators:
+ Reasonable expenses for the treatment, fostering, and rehabilitation of the aggrieved person’s health and lost or reduced functions.
+ The actual lost or reduced income of the aggrieved person.
+ Reasonable expenses and lost income of the carer of the damaged person during the treatment period.
+ Other damage prescribed by law.
In addition, the person responsible for indemnification must pay another sum of money to compensate for the mental loss that he or she has suffered.
Compensation for damage caused by life being infringed
Expenses incurred by violators:
+ Damage due to compromised health.
+ Reasonable expenses for burial;
+ Alimony for those for whom the damage sufferer is obliged to support;
+ Other damage prescribed by law.
Compensation for damage caused by infringing upon honor, dignity and reputation
Violators are responsible for compensation for the following amounts:
+ Reasonable costs to limit and remedy damage;
+ Besides, actual lost or reduced income;
+ Other damage prescribed by law.
In addition, the violator must also pay another sum of money to compensate for the mental loss that he or she has suffered.
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Compensation for damage caused by encroachment on the body.
The person responsible for compensation will have to bear the following costs:
+ Reasonable costs to limit and remedy the damage
+ The level of compensation for mental loss for relatives in the first line of inheritance of the deceased according to the agreement or not more than 30 times the base salary for each violated body. If there are no relatives in the first line of succession, the person directly raising the deceased is entitled to this amount.
Compensation for damage caused by trespassing
Violators must bear the following expenses:
+ Reasonable costs to limit and remedy the damage
+ Moreover, the level of compensation for mental loss for relatives in the order of inheritance of the deceased as agreed upon or not exceeding 10 times the base salary. If there are no relatives in the first line of succession, the person directly raising the deceased is entitled to this amount.
Frequently asked questions.
For a person under the age of 18 who causes damage, that person’s parents are responsible for compensating for the damage caused by the person.
The statute of limitations for initiating a lawsuit to claim compensation for damage is 3 years from the date the person having the right to claim knows or should know that his/her lawful rights and interests have been infringed.
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