Liability to compensate for damage is the responsibility of the person who commits an act of violation, is at fault in causing material and spiritual damage to compensate the damage sufferer in order to restore the state of the property, compensate for the damage. mental loss to the victim. So about the matter “Liability to compensate for damage arising in Vietnam” Let’s find out with LSX in the article below.
Legal basis
- Civil Code 2015
General provisions on liability for damage compensation
Liability for damages includes liability for material damage and liability for mental damage.
Liability to compensate for material damage is the responsibility to make up for actual material loss, which can be calculated into money caused by the breaching party, including property loss, costs of preventing and limiting damage. , real income lost, reduced, only medical expenses, funeral expenses.
The responsibility to compensate for mental damage is the responsibility to stop the violation, apologize, publicly correct and compensate the victim.
Liability for damages is divided into contractual liability and non-contractual liability.
Liability to compensate for damage arising in Vietnam
According to Article 585 of the Civil Code 2015: “Whoever commits acts of infringing upon the life, health, honor, dignity, prestige, property, rights and other legitimate interests of another person, causing damage Damages must be compensated, unless otherwise provided for by this Code or other relevant laws.
This regulation is intended to partially compensate for the life, health, honor, dignity, reputation, property, rights and other legitimate interests of the aggrieved person (regardless of the fault of the aggrieved person). in this case) because in many cases, even though the person causing the damage was not at fault, the damage was actually done.
Therefore, liability to compensate for damage arises when there are 04 following factors:
Damage has occurred
Damage occurred is the premise of liability for damage because the purpose of the application of liability is to restore the condition of the property to the damaged person, so that if there is no damage, there is no question of compensation. even if all other conditions are met. Damages are actual losses that are calculated in cash, due to the infringing upon the life, health, honor, reputation and property of individuals or organizations.
In criminal liability for some crimes that constitute acts, no material consequences are required. Even for a number of crimes with a material component, in some special cases, the consequences have not yet occurred, but due to the nature of dangerous acts capable of causing great consequences, they have also constituted crimes or vice versa. On the other hand, for some crimes such as irresponsibility or violation of traffic safety regulations, serious damage must be caused to constitute a crime.
But in civil liability, even if the damage is not serious, compensation must be paid. Since damage is a mandatory condition in the liability to compensate for non-contractual damages, if there is no damage, there is no need to compensate, so it is necessary to first determine what damage is.
Determination of what is damage is based on the following contents:
• Property damage: specific manifestations are loss of property, loss of property, costs to prevent, restrict, repair or replace, benefits associated with use, exploitation of utility. of property. These are the physical damages of the aggrieved person.
• Loss of life and health resulting in material damage: including costs of treatment, fostering, care, and rehabilitation lost, real income lost, reduced due to damage. about life and health.
• Damage caused by damage to honor, dignity and reputation: including reasonable costs to prevent and remedy the damage, lost or reduced actual income due to infringing upon honor, dignity or reputation. harmful.
• Mental harm.
In principle, spiritual life cannot be valued in money on the principle of parity as in exchange and cannot be restored. But for the purpose of consoling and encouraging the mentally damaged as well as an educational measure to prevent people from committing illegal acts, the Civil Code stipulates that the abuser must “compensate another sum of money.” to compensate for the mental loss” for the victim, his/her relatives must bear.
The act of causing damage is an illegal act
The right to be protected in terms of life, health, honor, reputation and property is an absolute right of all citizens and organizations. Everyone must respect those rights of other subjects and must not perform any acts that “infringe” on those absolute rights.
Article 584 of the 2015 Civil Code stipulates: “Whoever commits acts of infringing upon the life, health, honor, dignity, reputation, property, rights and other lawful interests of others, causing damage damage must be compensated”. This law comes from the general principles of civil law as provided in Article 3 of the 2015 Civil Code: “The establishment, exercise, and termination of civil rights and obligations must not infringe upon the national interests of the nation. family, nationality, public interest, and legitimate rights and interests of others.”
Infringing that causes damage may be acts of violating criminal, administrative or civil laws, including acts that violate the lines and policies of the Party and State, and violations of daily life rules. in each community of monks.
The act of causing damage normally manifests itself in the form of actions. The subject has performed acts that should not have been performed.
The fault of the person causing the damage
In principle, if a person is subject to state coercion, he or she must have committed a law violation due to intentional or unintentional fault. However, in civil relations, there are exceptions where the person who has not committed illegal acts, is not at fault, still has to bear civil liability, etc.
Intentional fault is a case where a person is well aware that his or her actions will cause damage to others but still performs and wishes or, though undesirable, allows the damage to occur.
An inadvertent fault is a case where a person does not foresee that his act is likely to cause damage, even though he should have known or could have foreseen the damage that would occur or foresee his act having the potential to cause damage, but assumes that the damage will not occur or can be prevented.
Principle of compensation for damage outside the contract
According to Article 585 of the 2015 Civil Code, the principles of compensation for damage outside the contract are as follows:
• Actual damage must be fully and promptly compensated. The parties may agree on the level of compensation, the form of compensation in cash, in kind or the performance of a job, the mode of compensation once or many times, unless otherwise provided for by law.
• Persons responsible for compensation for damage may be entitled to a reduction in compensation if there is no fault or unintentional fault and the damage is too great for their economic ability.
• When the compensation level is no longer consistent with reality, the aggrieved party or the damage-causing party has the right to request the Court or other competent state agency to change the compensation level.
• When the aggrieved party is at fault in causing damage, it is not entitled to compensation for the damage caused by its fault.
• The party whose rights and interests are infringed shall not be compensated if the damage occurs due to the failure to apply necessary and reasonable measures to prevent or limit the damage to itself.
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Frequently asked questions
Compensation for damage outside the contract is a civil liability that does not arise from a contractual relationship, who commits acts of infringing upon the life, health, honor, dignity, prestige, property, reputation, If the legitimate interests of others cause damage, they must compensate.
Pursuant to Article 587 of the Civil Code 2015: In case more than one person causes damage, those persons must jointly compensate the damage sufferer.
Compensation liability of each person who jointly causes damage is determined in proportion to the degree of fault of each person;
If the extent of the fault cannot be determined, they must compensate for the damage in equal parts.
Article 588 of the 2015 Civil Code stipulates that the statute of limitations for initiating a lawsuit to claim compensation for damage is 03 years from the date the claimant knows or should know that his/her lawful rights and interests have been infringed.
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