Learn about compensation for damages according to the law

1. What is compensation?

Compensation for damages is explained according to the provisions of Article 13 Civil Code 2015 as follows: Individuals and legal entities whose civil rights have been violated shall be compensated for all damages, unless the parties agree otherwise or the law provides otherwise.

Based on the regulations, individuals and legal entities whose civil rights have been violated will be compensated for all damages, unless the parties have otherwise agreed or the law has other provisions.

Thus, it can be understood that compensation is a form of civil liability to force the party who caused damage to overcome the consequences by compensating for material and mental losses to the injured party. damages.

How many years does it take to file a claim for damages?

The statute of limitations for initiating a lawsuit to claim compensation for damages is determined in Article 588 Civil Code 2015 as follows:

2. Statute of limitations for filing a lawsuit to claim damages

The statute of limitations for filing a lawsuit to claim compensation for damages is 3 years from the date the person with the right to make the claim knew or should have known that his or her legitimate rights and interests were violated.

Thus, from the person who has the right to claim to know or should know that his or her legitimate rights and interests have been violated, the time for the injured party to file a claim for compensation is 03 years.

3. How is an individual's capacity to be responsible for compensation for damage determined?

The individual's capacity to be liable for compensation for damage is specified in Article 586 Code Civil 2015 as follows:

3. Individual's capacity to be responsible for compensation for damages

1. People aged eighteen years or older who cause damage must compensate themselves.

2. If a person under fifteen years old causes damage but still has a parent, the parent must compensate for all damages; If the property of the parents is not enough to compensate and the minor child who caused the damage has his or her own property, use that property to compensate for the remaining balance, except for the cases specified in Article 599 of this Code.

People from full fifteen years old to under eighteen years old who cause damage must compensate with their property; If there are not enough assets to compensate, the father and mother must compensate for the remaining balance with their assets.

3. If a minor, an incapacitated person, or a person with difficulty in understanding or controlling acts that cause damage has a guardian, that guardian may use the property of the ward. to compensate; If the ward has no assets or not enough assets to compensate, the guardian must compensate with his or her own assets; If the guardian can prove that he or she is not at fault in the guardianship, he or she does not have to take his or her property as compensation.

Based on the regulations on individuals' capacity to be responsible for compensation for damage as follows:

- People aged eighteen years or older who cause damage must compensate themselves.

- If a person under fifteen years old causes damage but still has a parent, the parent must compensate for all damages; If the parent's property is not enough to compensate and the minor child who caused the damage has his or her own property, use that property to compensate for the remaining balance, except in the case specified in Article 599. Civil Code 2015, specifically:

Compensate for damages caused by people under fifteen years old or people who have lost civil act capacity while under the direct management of schools, hospitals, or other legal entities.

1. If a person who is under fifteen years old while under the direct management of the school causes damage, the school must compensate for the damage caused.

2. If a person who has lost civil act capacity causes damage to another person during the period of direct management by a hospital or other legal entity, the hospital or other legal entity must compensate for the damage caused.

3. Schools, hospitals, and other legal entities specified in Clauses 1 and 2 of this Article do not have to compensate if they prove that they are not at fault in their management; In this case, the father, mother, guardian of a person under fifteen years old, or a person who has lost civil act capacity must compensate.

People from full fifteen years old to under eighteen years old who cause damage must compensate with their property; If there are not enough assets to compensate, the father and mother must compensate for the remaining balance with their assets.