In Vietnamese legal landscape, compensation for non-contractual damages is a key aspect of civil law, especially in cases where the injured party bears some responsibility for the damages incurred. Through this article, Apolo Lawyers will explain the contents of compensation for non-contractual damages under Vietnamese law, clarify the role of errors, factors causing errors, procedural conditions and the importance importance of legal services. 

1. Compensation for Non-Contractual Damages: A Legal Overview

In Vietnam, the Civil Code serves as the cornerstone for determining liability and awarding compensation in non-contractual damage cases. According to Article 523 of the Civil Code, individuals found at fault for causing harm to others are obligated to compensate for the resultant damages. This principle underscores the fundamental concept of fault-based liability, where the party responsible for the harm bears the obligation to provide restitution.

2. Understanding Fault Allocation and the Error Factor

When the damaged party shares fault in non-contractual damage cases, Vietnamese law employs the doctrine of comparative fault to ascertain the degree of liability and subsequent compensation. Article 524 of the Civil Code stipulates that if both parties are at fault, the court may adjust the compensation amount based on each party s level of culpability. Central to this determination is the concept of the error factor, which evaluates the degree of negligence or wrongful conduct exhibited by the damaged party. The concept of the error factor plays a crucial role in assessing fault and determining compensation. The error factor refers to the degree of negligence or wrongdoing on the part of the damaged person that contributed to the occurrence of the damage. Vietnamese courts consider factors such as the foreseeability of harm, the degree of care exercised by the parties, and any contributing actions or omissions that led to the damage. By evaluating the error factor, courts can apportion fault and tailor compensation accordingly.

Consulting on filing lawsuits for compensation for non-contractual damages

3. Procedural Conditions

In addition to substantive principles governing fault and compensation, procedural conditions must be satisfied to pursue a claim for non-contractual damages in Vietnam. Legal proceedings for compensation typically involve filing a civil action in the competent court, presenting evidence of the damage suffered, and demonstrating the causal link between the defendant s fault and the harm inflicted. Parties are also required to adhere to procedural deadlines, evidentiary rules, and court requirements throughout the litigation process.

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4. Legal service about Compensation for Non-Contractual Damages of Apolo Lawyers

Apolo Lawyers access to a team of experienced lawyers and legal experts, ready to accompany you through every legal challenge.

• By considering factors such as fault allocation, the error factor, procedural conditions, and the role of legal services, courts strive to achieve fair and equitable outcomes in resolving disputes involving non-contractual damages.

• Moreover, legal services contribute to ensuring that individuals have adequate support and representation to assert their rights and interests effectively.

• Legal professionals, including lawyers and legal advisors, provide essential assistance in evaluating claims, preparing legal documents, and representing parties in court proceedings.

Apolo Lawyers is proud to be a law firm with many years of experience in compensation for Non-contractual damages that will support clients in this field. In case you need advice, please contact us via email at contact@apolo.com.vn or Hotline - (+84) 903 419 479 for the best advice and support.

Apolo Lawyers is known as one of the most reputable legal service providers in Vietnam. If you are confused and do not know the legal procedures and you want to save time, money, and effort. In particular, when you choose us, we commit that when you use this divorce service, you will shorten the cases to the maximum.

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