Non-contractual damages arise when the parties do not have a contract or the damage is not related to the content of the contract. In this case, the party causing the damage and the damaged party often agree on the compensation level. However, when they cannot agree, the damaged party has the right to request the competent authority to resolve the dispute to protect their legitimate rights and interests.
Non-contractual damages arise when the parties do not have a contract or the damage is not related to the content of the contract. In this case, the party causing the damage and the damaged party often agree on the compensation level. However, when they cannot agree, the damaged party has the right to request the competent authority to resolve the dispute to protect their legitimate rights and interests.
- People who have directly suffered damage to property, life, health, honor, and dignity have the right to file a lawsuit for compensation.
- The legal representative of the damaged person is a minor or has lost civil act capacity.
- The authorized representative of the injured party.
According to Article 26 of the 2015 Civil Procedure Code, the jurisdiction to resolve disputes regarding compensation for damages outside of the contract belongs to the Court. Specifically:
- The district-level People's Court has jurisdiction to resolve cases at first instance.
- The provincial-level People's Court resolves at first instance disputes involving foreign elements or requiring judicial authorization, or cases that the provincial-level People's Court deems necessary to take up for resolution.
According to Article 588 of the 2015 Civil Code, the statute of limitations for filing a lawsuit for compensation for damages is 03 years from the date the person entitled to request knows or should know that his/her legitimate rights and interests have been violated.
Step 1: Prepare the lawsuit file
- Petition;
- Citizen identification card/passport of the plaintiff;
- Citizen identification card/passport of the defendant;
- Documents and evidence proving the violation and actual damage;
- List of documents and evidence attached to the petition.
Step 2: Submitting the petition to the Court
The plaintiff submits the petition by the following methods:
- Submitting directly to the Court;
- Sending by post;
- Sending online via the Court's electronic information portal (if available).
Step 3: Accepting the case
The Court considers and notifies the payment of the advance court fee if the case is within its jurisdiction. Within 15 days from the date of receipt of the notice, the litigant must pay the advance court fee and receipt to the Court.
Step 4: Preparing for trial
- The trial preparation period is 04 months, which can be extended by 02 months in complicated cases.
- During this stage, the judge takes the testimony of the parties, organizes a meeting to check the submission, access, disclosure of evidence and mediation, on-site appraisal or valuation, and authorization to collect evidence.
Step 5: Bring the case to trial
- Within 01 month from the date of the decision to bring the case to trial, the Court must open a trial.
- In case the first instance judgment is appealed, the Court of Appeal will retry the case.
.png "Minh Sinh Legal - After the rain, the sun shines again"){kind=logo}
