I. Legal Basis

2015 Civil Code

Resolution No. 02/2022/NQ-HĐTP

II. Concept of Liability for Non-Contractual Damages

Liability for non-contractual damages is a civil liability arising between parties who previously had no contractual relationship, or, if a contractual relationship existed, the damaging act did not relate to the obligations under the signed contract.

III. Basis for Arising Liability for Non-Contractual Damages

1. For Damages Caused by a Person

The conditions for liability for non-contractual damages are as follows:

An act violating the life, health, honor, dignity, reputation, property, rights, or lawful interests of another party.

Damage occurs, including:

Material damages: Actual and measurable losses suffered by the aggrieved party, including:

• Irrecoverable property loss.
• Reasonable expenses to prevent, limit, or remedy the damage.
• Actual loss of income or reduced income due to violations of property, health, life, honor, dignity, reputation, rights, or other lawful interests.

Mental damages: Emotional harm suffered by the aggrieved party or their relatives due to violations of life, health, honor, dignity, reputation, or other personal rights. Compensation must include an amount to redress such emotional harm.

A causal relationship between the damage and the violating act. The damage must be the inevitable result of the violating act, and the violating act must be the cause of the damage.

2. For Damages Caused by Property

The conditions for liability for non-contractual damages are as follows:

• An unexpected event occurs involving the property of the owner or the possessor, which causes harm to the life, health, property, rights, or lawful interests of others or other objects.
• Damage occurs, including both material and mental damages.
• A causal relationship exists between the damage and the unexpected event related to the property.

3. Cases Where No Liability for Non-Contractual Damages Applies

In cases where damage arises due to a force majeure event or is entirely caused by the fault of the aggrieved party (unless otherwise agreed or stipulated by law), the person causing the damage, the property owner, or the possessor of the property is not liable for non-contractual damages.