29/07/2022 09:31

How to claim compensation for lost vehicle without parking slip in Vietnam ?

How to claim compensation for lost vehicle without parking slip in Vietnam ?

Currently, property theft occurs frequently in many places and one of the most common places is taking advantage of loopholes in coffee shops to steal motorbikes. So in the case of a car being lost at a cafe without a car card, how to claim compensation?

Specifically, in Judgment 144/2018/DS-PT dated August 22, 2018 on the dispute over compensation for damage to property, according to which:

“On January 16, 2017, at about 19:30, Danh Ngoc H and a friend went to cafe D on T street to drink coffee. When entering H, there was a motorbike with license plate number 68C1-217.34 black and red, brand Exciter carrying a friend named Danh T, H ran into the parking lot in the shop right in the sight of the security guard to make it easier for the guard to observe car H.

Here, H and 3 of H's friends drank coffee until 09.55 pm, then left. When they came out, they did not see the car, H and friend H looked for the security guard to ask but did not see the security guard, until about 5 minutes later the security guard came to the shop, when H asked, the guard said he had just received the shift so he did not know, H asked about the phone number of the security company to present the incident, the security guard said that the car was lost, H asked H3 and T to report to the police of ward N, the ward police had recorded the incident.

Realizing that, when entering the shop, the security guard must be responsible for taking care of H's car, because the security guard was caught off guard, the crooks broke in and took H's car, because when entering the shop, the security guard was responsible for taking care of car. Therefore, H asked Mrs. Danh Kim S the owner of the cafe and Mr. Nguyen Minh H1 to manage the cafe to be responsible for compensating H.

The court accepted the claim of plaintiff Mr. Danh Ngoc H against defendant Danh Kim S. Forced Mrs. Danh Kim S, owner of cafe D, to compensate Mr. Danh Ngoc H for the value of the Exciter car with the license plate. number 68C1-217.34 the amount is 31,000,000 (thirty one million) dong.”

Compared with the provisions of the law in Article 554, Article 556, Article 585 of the 2015 Civil Code of Vietnam as follows:

Article 554. Contracts for bailment of property

Contract for bailment of property means an agreement between parties whereby a bailee accepts the property of a bailor for safekeeping, for return to the bailor upon expiry of the duration of the contract, and the bailor must pay a fee to the bailee, except where the bailment is free of charge.

Article 556. Rights of bailors of property

1. Reclaim the property at any time subject to giving reasonable prior notice to the bailee if the bailment contract does not specify a period of time.

2. Demand compensation for loss of or damage to the bailed property caused by the bailee, except in the case of an event of force majeure.

Article 585. Principles of compensation for damage

1. Actual damage must be compensated in full and promptly. Unless otherwise provided by law, parties may agree on the amount of compensation; on the form of compensation, which may be money, in kind or the performance of an act; lump sum payment or payment in instalments; and on the method of compensation...

In addition, Article 119 of the 2015 Civil Code also provides:

Article 119. Forms of civil transactions

1. A civil transaction shall be expressed verbally, in writing, or through specific acts.

Civil transactions by way of electronic means in form of data messages prescribed in law on electronic transactions shall be deemed to be written civil transactions.

2. In cases where it is provided for by law that a civil transaction must be expressed in writing, notarized, authenticated, registered or permitted, such provisions must be complied with.

Therefore, civil transactions can be established by word of mouth, by specific acts, but not necessarily in writing, except for some special cases. The fact that H left the car at the shop to drink coffee and was witnessed by the security guard established a contract to keep the property by specific behavior even though the security guard did not give the car card to H.

Since the property deposit transaction has been established, when the vehicle is lost, the consignee must have the obligation to compensate for damage to H who is the property depositor in accordance with the law.

Although, when you lose your car at a coffee shop (with security), but you don't have a car card, you can still get compensation, but when you park your car at the shop, we should ask the guard to give us a car card to protect ourselves. products and avoid unnecessary troubles.

Nguyen Sang

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