We often hear about liability for contract damages. However, the liability to compensate for damage also appears even when there is no agreement between them by any contract. This is a type of civil liability arising outside, not depending on the contract, but only needing to exist as an act of violating the civil law, intentionally or unintentionally causing damage to others. However, whether unintentionally or intentionally, when damage occurs, the person causing the damage must also be responsible for compensation. So, in the case that the person has no money to compensate for the damage, how to solve it?
Legal grounds
– Civil Code 2015;
– Law on Civil Judgment Execution Amendment 2014.
Consulting content
How do compensate for health damage?
In Article 590 of the 2015 Civil Code, there is a provision for compensation for damage caused by infringing health and life. Includes costs:
+ Reasonable expenses for the treatment, fostering, and rehabilitation of the aggrieved person’s health and lost or reduced functions;
+ Actual lost or reduced income of the aggrieved person; if the actual income of the aggrieved person is unstable and cannot determine, the average income of the same type of worker shall apply;
+ Reasonable expenses and lost income of the carer of the damaged person during the treatment period; if the aggrieved person loses his ability to work and needs someone to take care of him regularly. Damages include reasonable expenses for the care of the aggrieved person;
+ Other damage prescribed by law.
– The person responsible for compensation in case the health of another person is violated must compensate for such damage. Along with another sum of money to compensate for the mental loss suffered by the person.
If there is no compensation for damage, do I have to pay compensation?
The level of compensation shall agree upon by the parties for the above-mentioned expenses. The level of compensation for mental loss shall agree upon by the parties; if no agreement can be reached, the maximum level for a person whose health is infringed shall not exceed fifty times the base salary prescribed by the State. If it is not possible to reach an agreement, the parties have the right to initiate a lawsuit to the People’s Court to request the Court to determine the compensation level.
Compensation can make within the property of the obligor. In case the damage-causing person is unable to make compensation, he/she can negotiate again with the victim to reduce the compensation level. If the victim does not agree, the person causing the damage still has to fully perform the compensation responsibility. The ability to compensate to where will there.
Settlement when the person causing damage to health has no compensation
If the person causing damage to health has no compensation. This case will handle according to the provisions of Clause 17, Article 1 of the 2014 Amended Law on Civil Judgment Execution. Specifically:
In case the judgment debtor has not yet had the conditions to execute the judgment, at least every 6 months. Executors must verify judgment execution conditions. In case the judgment debtor who has not yet had the conditions to execute the sentence is a person currently serving an imprisonment sentence but the remaining time to serve the prison sentence is 2 years or more, or the new address and residence of the judgment debtor cannot determine. The verification period is at least once a year.
Thus, according to the above provisions. In case the violator does not have money to compensate for damage. A civil judgment enforcement enforcer will verify his or her judgment execution conditions at least every 6 months. After 02 verifications, the violator still has no compensation. The civil judgment enforcement agency shall notify the victim in writing. The re-verification of judgment execution conditions shall only carry out when there is new information on the violators’ judgment enforcement conditions.
No compensation, what to do?
If you cause damage, you are obliged to compensate. However, the economic capacity is not enough to carry out the sentencing sentence. If they want to reduce the amount of compensation, the damage-causing person can apply the following 02 ways:
– Must be able to negotiate with the aggrieved party on the reduction of compensation. In principle, when participating in civil legal relations. The subjects have the right to agree on all issues related to the rights and obligations of the parties in that relationship. Therefore, in the relationship of compensation for damage outside the contract. The parties can agree on all relevant issues such as the level of compensation; a form of compensation; compensation method. This agreement may take place before, during; or after the dispute over compensation that settled by a competent court.
– Requesting the Court to change the compensation level if the damage is too great compared to the economic situation and it is not at fault itself; or inadvertently at fault; because the actual situation is no longer suitable with the compensation level; or because the aggrieved party is also at fault…
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Frequently asked questions
Within 2 working days. From the date of completion of the damage verification report, the compensation-settling agency must negotiate the compensation. Within 10 days from the date of negotiation, the negotiation must be completed. In the case of a compensation claim settlement case, there are many complicated circumstances. The maximum negotiation period is 15 days.
Two cases where the damage-causing person is entitled to a reduction in compensation:
– In the first case, the person responsible for compensation for damage may be entitled to a reduction in compensation. If there is no fault and the damage is too great compared to his economic ability.
– In the second case, there is an unintentional mistake and the damage is too great compared to their economic ability.
The answer is yes. According to the principles of compensation for damage specified in Article 585 of the Civil Code 2015. The parties may agree on the level of compensation; a form of compensation in cash or in-kind; or perform a job; one-time compensation method; or more times. Unless otherwise provided by law.
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