Non-contractual compensation is a form of civil liability in which the parties involved are not based on a contract but on an illegal act that results in damage to others. In Vietnamese law, the issue of non-contractual compensation is mainly regulated in the 2015 Civil Code. Let's learn about the legal provisions related to non-contractual compensation in the Vietnamese legal system.

1. Concept of non-contractual compensation

Non-contractual compensation (also known as liability to compensate for non-contractual damage) is when an individual or organization must compensate for damage to another person caused by their actions, but not arising from an agreement or contract between the parties. These acts may be acts that infringe on the rights of others without their consent, such as causing traffic accidents, damaging property, or infringing on personal rights.

2. Legal basis

Non-contractual compensation is regulated by the provisions of the 2015 Civil Code, especially Articles 585 to 598. Specifically:

• Article 585 of the 2015 Civil Code defines the liability to compensate for non-contractual damages as the liability of a person causing damage to another person in cases where their actions are not within the scope of the contract.

• Article 586 of the 2015 Civil Code stipulates the obligation to compensate for damages in cases of infringement of the legitimate rights of others.

3. Elements constituting non-contractual compensation liability

To determine whether a person is liable to compensate for non-contractual damages, the law requires proof of the following elements:

a) Illegal conduct

This is the first important factor, because the act of causing damage must be an illegal act. For example, if a driver causes an accident that damages another person's property, the act of driving in violation of traffic regulations is an illegal act.

b) Actual damage

There must be actual damage, including material damage (damage to property, loss of income, etc.) and mental damage (damage to health, honor, etc.). This damage must be clearly proven and have a basis.

c) Causal relationship

There must be a causal relationship between the illegal act and the damage that occurs. That is, the damage that the victim must suffer is a direct consequence of the illegal act of the person causing the damage.

d) Fault of the person causing the damage

According to Article 588 of the Civil Code, the person causing the damage must be at fault. The fault can be intentional or unintentional. If the act of causing damage is unintentional but still at fault (for example, not paying attention when participating in traffic), the person causing the damage is still responsible for compensation.

Cases of non-contractual compensation

The Civil Code stipulates a number of specific cases that may lead to non-contractual compensation:

• Traffic accidents: The person causing the traffic accident must compensate the victim for damages according to the actual level of damage.

• Infringement of personal rights: In the case of infringement of the freedom, honor, and dignity of others, the infringing party is obliged to compensate for damages.

• Environment and damage caused by natural disasters: If there is damage caused by the actions of an organization or individual, they must be responsible for compensating the victim.

• Encroachment on land or public property: Violations of regulations on the use of land or public property can also lead to compensation liability.

5. Compensation level and compensation method

The level of compensation for non-contractual damages will be based on the actual damage suffered by the injured party, including medical expenses, property repair, lost income, and mental damages. The law also stipulates that the compensation methods can be money or restoration to the original state (for example: property repair, restoration of honor, etc.).

In some cases, if the person causing the damage cannot compensate in money, the court may apply other forms of compensation to ensure the rights of the injured party.

6. Conclusion

Non-contractual compensation is an important part of protecting the legitimate rights of individuals and organizations in society. Vietnamese law has clearly stipulated the responsibility for compensation for non-contractual damages, in order to ensure fairness and protect the rights of the parties involved. When a dispute arises, the parties need to base on legal provisions to determine the responsibility and appropriate level of compensation.

The above is some information about compensation for damages outside the contract, the article is for reference only, not for consulting purposes. For more information, please contact; info@barrso.com