Boi Common damages and things to keep in mind

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.

2. Basis for arising liability for damages

Basis for arising liability for compensation according to Article 584 Civil Code 2015 stipulated as follows: 

- Any person who violates the life, health, honor, dignity, reputation, property, rights or other legitimate interests of another person and causes damage must compensate, except in the case of Civil Code 2015, other relevant laws provide different provisions.

- The person causing the damage is not responsible for compensating for damages in cases where the damage is caused by a force majeure event or entirely due to the fault of the damaged party, unless otherwise agreed or provided by law. different determination.

- In case property causes damage, the owner or possessor of the property must be responsible for compensating for the damage, except in cases where damage arises as prescribed above.

3. Principle of compensation for damages

The principle of compensation for damages is stipulated as follows:

- Actual damage must be compensated in full and promptly. The parties can agree on the level of compensation, the form of compensation in money, in kind or performance of a job, and the method of compensation once or many times, unless otherwise prescribed by law.

- The person responsible for compensating for damage may have the compensation level reduced if he or she is not at fault or has an unintentional error and the damage is too great compared to his or her economic capacity.

- When the compensation level is no longer consistent with reality, the injured party or the party causing the damage has the right to request the Court or other competent state agency to change the compensation level.

- When the injured party is at fault in causing the damage, he or she cannot compensate for the damage caused by his or her fault.

- The party whose rights and interests are violated are not compensated if the damage occurs due to not applying necessary and reasonable measures to prevent and limit damage to themselves.

(Article 585 Civil Code 2015)

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

The individual's capacity to be responsible for compensation for damage is specifically regulated in Article 586 Civil Code 2015 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.

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.

- If a minor, a person who has lost civil act capacity, or a person with difficulty in cognition or controlling acts that cause damage, has a guardian, that guardian may use the property of the ward to compensation; 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.

5. Compensate for damages caused by many people

In case many people cause damage, those people must jointly compensate the damaged person. 

The compensation liability of each person who jointly causes damage is determined in proportion to the degree of each person's fault; 

If the level of fault cannot be determined, they must compensate for damages in equal parts.

(Article 587 Civil Code 2015)

6. 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.

(Article 588 Civil Code 2015).