06/08/2022 09:27

Is it easy to identify sources of extreme danger in Vietnam?

Is it easy to identify sources of extreme danger in Vietnam?

Compensation for damage caused by sources of extreme danger is one of the special compensation cases, the owner or the person assigned by the owner to possess and use it must compensate even if that person is not at fault.

The source of extreme danger is specified in Clause 1, Article 623 of the 2005 Civil Code, now it is Clause 1, Article 601 of the 2015 Civil Code of Vietnam:

“1.Sources of extreme danger comprise motorized means of transport, power transmission systems, operating industrial plants, weapons, explosives, inflammable substances, toxic substances, radioactive substances, dangerous animals and other sources of extreme danger as provided by law.

An owner of a source of extreme danger must comply strictly with the regulations on taking care of, preserving, transporting and using sources of extreme danger in accordance with law..."

However, in practice, it is not easy to determine whether the damage caused is due to a source of extreme danger or not, even the court can make mistakes. Specifically, in the judgment 578/2017/DS-ST dated September 6, 2017 on the dispute of compensation for damage outside the contract of the People's Court of Go Vap district - Ho Chi Minh City, the trial of Mr. L caused an accident for Mrs. Dao Kim T.

On September 30, 2014, while crossing the street by bicycle at the address number: 20, PT Street, Ward B, District G, Ho Chi Minh City, Ms. Dao Kim T was numbered by a Taxi of company S: 51A - 931.56 driven by driver Nguyen Phuong L running at a fast speed, hit, fell, broke his left leg and injured his head.

In the court's ruling, it was determined that Mr. Nguyen Phuong L caused damage to Ms. T as causing damage caused by a highly dangerous source under Article 623 of the 2005 Civil Code. However, however, this is not the damage caused by the source of extreme danger but rather by the speeding, inattention violation caused by the vehicle involved in the highly hazardous source. The sources of extreme danger are those that are caused by themselves, for example, when the brakes are broken in a normal truck, the chemicals react with each other to cause an explosion, etc. Therefore, in this ruling the People's Court of the People's Court Go Vap district could not identify this as a case that caused damage due to a highly dangerous source and used Article 623 of the 2005 Civil Code to solve the case.

In conclusion, when determining compensation for damage caused by a source of extreme danger or not, it is necessary to pay attention to whether the source of extreme danger is caused by itself or is due to a violation of the law that the vehicle involves a source of extreme danger.

Thu Linh
213


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