What is the basis for non-contractual compensation liability in 2024?

Pursuant to Article 2 Resolution 02/2022/NQ-HDTP Regulations on the basis for arising liability to compensate for damage are specified in Article 584 Civil Code 2015 as follows:

Regarding the basis for arising liability for compensation for damages specified in Article 584 of the Civil Code

1. Liability to compensate for damage in the case specified in Clause 1, Article 584 of the Civil Code arises when all of the following elements are present:

a) Committing acts that violate the life, health, honor, dignity, reputation, property, rights, or other legitimate interests of others;

b) There is physical damage or mental damage;

Material damage is the actual, identifiable physical loss of the violated subject, including irreparable property loss; Reasonable costs to prevent, limit and remedy damage; Actual income is lost or reduced because property, health, life, honor, dignity, reputation, rights and other legitimate interests are violated.

Mental damage is the mental loss caused by violation of life, health, honor, dignity, reputation, rights and other personal interests that the subject of the violation or their relatives must suffer. and need to be compensated an amount of money to compensate for that loss.

c) There is a cause and effect relationship between the damage and the act of infringement. The damage must be the inevitable result of the act of infringement, and conversely, the act of infringement must be the cause of the damage.

2. If property causes damage, the owner or possessor of the property must be responsible for compensating for the damage, except for the cases guided in Clause 3 of this Article.

a) The owner of the property must compensate for damage caused by the property, except in cases where the owner of the property is responsible for compensation according to the instructions in Point b, Clause 2 of this Article.

The owner of the property is determined at the time the property causes damage according to the provisions of law. In case the property is being traded, the time of transfer of ownership must be determined to determine the owner of the property causing the damage.

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b) The possessor who is not the owner must compensate for damage if he/she is holding or controlling the property directly or indirectly as the subject with rights to the property at the time of causing the damage.

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3. The person causing the damage, the owner of the property, or the possessor of the property is not responsible for compensation in cases where the damage is due to a force majeure event or is entirely due to the fault of the damaged person. harm, unless otherwise agreed or otherwise provided by law.

a) A force majeure event is an objective event that is unpredictable and cannot be overcome despite the application of all necessary and permissible measures.

b) The fault of the person who suffered the damage is entirely the fault of the person who suffered the damage; the person causing the damage is not at fault.

Accordingly, the basis for arising liability for compensation for damages outside the contract is stipulated as follows:

- Arising from acts of violating the life, health, honor, dignity, reputation, property, rights, and other legitimate interests of others that cause damage must meet the following conditions:

+ Committing acts that violate the life, health, honor, dignity, reputation, property, rights, or other legitimate interests of others;

+ If damage occurs, it is material damage or mental damage;

- Occurs when property causes damage:

+ Property owners must compensate for damage caused by property:

+ The possessor who is not the owner must compensate for damage if he/she is holding or controlling the property directly or indirectly as the subject with rights to the property at the time of causing the damage.

Note: The person causing the damage, the owner of the property, or the possessor of the property is not responsible for compensating for damage in cases where the damage is due to a force majeure event or is entirely due to the fault of the victim. damages.