Clubs · Nov 17, 2024 · 2 min read
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Can I be compensated for damages when there is no agreement in the property lease contract?
This article provides detailed information on the right to compensation for damage when asset lease contracts lack clear agreements in Vietnam. Read to better understand the relevant legal regulations and how to protect your rights.
According to Article 13 of the 2015 Civil Code The provisions on compensation for damages are as follows:
“Individuals and legal entities whose civil rights have been violated shall be compensated for all damages, unless the parties have otherwise agreed or the law has other provisions.
At another point in Article 360 of the 2015 Civil Code regulations on liability for compensation for damages due to breach of obligations as follows: “In case there is damage caused by a breach of obligation, the obligated party must compensate for all damage, unless otherwise agreed or otherwise provided by law.
Thus, this provision is understood to mean that the party that violates the obligation, and the violation causes damage to the other party, must be responsible for compensating for the damage. Unless the parties agree otherwise, or the law provides otherwise.
Damage is compensated for breach of contract, Article 419 of the 2015 Civil Code also stipulates:
Damages are compensated for breach of contract
1. Compensated damages due to breach of contractual obligations are determined according to the provisions of Clause 2 of this Article, Article 13 and Article 360 of this Code.
2. The obligee can claim compensation for damages for the benefits he or she would have enjoyed as a result of the contract. The obligee can also request the obligor to pay costs arising from failure to fulfill contractual obligations that do not overlap with the compensation for damages for the benefits brought by the contract.
3. At the request of the person with the right, the Court may force the person with the obligation to compensate for mental damage to the person with the right. The level of compensation is decided by the Court based on the content of the case.
Thus, the amount of damages claimed may be equal to the benefit that would have been enjoyed as a result of the contract.
In order to limit unnecessary incidents related to claiming compensation for "mental" damages, not simply material benefits.
Therefore, unlike fines for violations, they are only applied if the parties have agreed in advance on fines for violations.
Regarding compensation for damages, whether the parties have agreed on the issue of compensation for damages due to breach of contract or not, when damage occurs, the party causing the damage must still compensate according to the provisions of law.
