Condition Giving Rise To Liability For Non-Contractual Damage Compensation

The condition giving rise to liability for non-contractual damage compensation may be meant that is grounds giving rise to liability for non-contractual damage compensation under Article 584 of Civil Code 2015. Accordingly, the condition giving rise to liability for non-contractual damage compensation includes the following factors: (i) existence of damage; (ii) existence of act infringing life, health, honour, personality, prestige, property, the right and lawful interest of other people; (iii) having a cause-and-effect relationship between damage caused and the infringing act; (iv) The person causing damage shall be discharged from liability for compensation in a case where the damage incurs due to force majeure events or at the entire fault of the aggrieved person unless otherwise agreed or otherwise prescribed by law.

Identification of the factors is as follows:

The first factor of the condition giving rise to liability for non-contractual damage compensation is the existence of damage. The damage occurred may be understood that is actual damage to the aggrieved person to prevent, mitigate, or rectify the consequences of the infringing act including physical damage and damage caused by mental sufferings. Physical damage includes (i) Damage caused by property infringement; (ii) Damage caused by health infringement; (iii) Damage caused by life infringement; and (iv) Damage caused by honour, personality, and prestige infringement. The damage caused by mental sufferings of an individual may be understood that is damage caused by infringement upon health, honour, personality, prestige of victims or by infringement upon life, for which the next of kin of the victims have to suffer pain, agony, sentimental loss, prestige decline or loss, distance from friends due to misunderstandings such as aesthetic loss, recline of social communication possibility, the possibility of personal living activities and other mental sufferings. Damage caused by mental sufferings of a legal person may be understood that is damage caused by infringement upon honour, prestige, which leads to the decrease or loss of trust, confidence in such legal person due to misunderstanding and for which a sum of money shall be compensated to make up for the losses suffered by such legal person.

Regarding the second factor of the condition giving rise to liability for non-contractual damage compensation, the infringing act shall be an illegal behaviour of a human expressed through actions or inactions, that is a behaviour illegally infringing life, health, honour, personality, prestige, property, other legitimate rights and interests of other people.

Regarding the third factor of the condition giving rise to liability for non-contractual damage compensation, the existence of damage shall be a certain result of an infringing act, vice versa, the infringing act shall be a cause of damage.

Finally, the fault of the person causing damage is not seen as a certain factor of the condition giving rise to liability for non-contractual damage compensation. It means that the person who claims damage compensation must not prove the fault of the defendant. On the contrary, that the person is liable for damage compensation shall be responsible for proving that the damage incurs due to force majeure events or at the entire fault of the aggrieved person unless otherwise agreed or otherwise prescribed by law.

Above is an overview of the condition giving rise to liability for non-contractual damage compensation. If you have trouble with finding a law firm providing legal assistance regarding the condition giving rise to liability for non-contractual damage compensation, please do not hesitate to contact us: Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective service.

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