Order compensation for damages is one of the methods of protecting civil rights if the civil rights of an individual or an entity are violated. Where several persons jointly cause damages, they must jointly compensate for the damages to that the individual or the entity. So, how do several persons jointly compensate for damages?
The answer of the question “how do several persons jointly compensate for damages” is regulated in the Civil Code 2015, in cases several persons jointly cause damages, they must jointly compensate any aggrieved person. The liability for compensation of each person having jointly caused the damages shall be determined in proportion to the degree of fault of each person. If the degree of fault is not able to be determined, the persons causing damage must compensate in equal shares. Whereby, joint obligations mean an obligation which must be performed by more than one person and which the obligee may request any one of the obligors to perform in its entirety under Article 288.1 of the Civil Code 2015. As such, if the aggrieved person requests one of the persons causing damage to compensate for all his damage, that person must compensate in fully. However, of note, when one person has performed an obligation in its entirety, such person may demand the other joint obligors to make payment for their respective shares of the joint obligation to such person.
In addition, what is the basis for compensatory liability of several persons jointly compensate for the damage?
Firstly, the behaviour of several persons who jointly cause damages
For resolving the issue of how do several persons jointly compensate for damages, firstly, the basis for determining the compensatory damage caused by several persons is that the act must be performed by more than one person. The person causing the damages could be an individual, an entity or others, but there must be two or more entities performing the act which results in the damages. If only one person causes the damages, this liability is not imposed.
Secondly, there is an unanimity among damaging behaviours
How do several persons jointly compensate for damages when behaviours of infringing persons caused damages? In this case, they must have a systematic relationship of causing the damages, whether each of them performs different behaviour but that must have the same purpose to cause damages. However, “how do several persons jointly compensate for damages” in the circumstances of no any unanimity of willing or behaviours depends on the consequences originated from illegal behaviours of each person.
Thirdly, several persons causing damages must be at fault
Civil laws require a person to compensate for damages caused by his or her behaviours when he or she is at fault, including unintentional and intentional faults. If one of the persons jointly perform the behaviours that caused damages but he or she is incapable of being aware of or controlling acts, they shall be considered to be free of fault and not jointly liable for compensatory damages. So, how do several persons jointly compensate for damages? It shall be determined the fault, then determining the rates of compensation in proportion to the degree of fault of each person.
Last but not least, the unlawful behaviour of the persons causing damages must be in causality relation with the damages.
Summary, jointly causing damages is understood as the behaviour of several persons but there is a connection, reciprocity between them and they shall joint cause the damages to other individual or entity. Therefore, these persons causing the damages must jointly compensate for the damages and take responsibility for their behaviours.
The above is an overview of how do several persons jointly compensate for damages. If you have trouble with legal issues regarding about how do several persons jointly compensate for damages, please contact us: Phuoc & Partners is a professional consulting firm established in Vietnam which currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners. It is 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.