Is it permissible to build a house so that rainwater flows through the neighbor's house in Vietnam?

Is it permissible to build a house so that rainwater flows through the neighbor's house in Vietnam?

Pursuant to Article 250 of the Civil Code in 2015 stipulating obligation of owners relating to draining of rainwater as follows:

Obligation of owners relating to draining of rainwater

An owner of house or construction works must install water drain pipes in order that the rainwater from its roof does not run onto any adjoining immoveable properties.

As regulations above, an owner of house must not let the rainwater from his/her roof to run onto any adjoining immoveable properties.

Is it permissible to build a house so that rainwater flows through the neighbor's house in Vietnam? - Source: Internet

In Vietnam: If a house is built, which causes rainwater flows through the neighbor's house and causes damage, is compensation required?

Pursuant to Article 605 of the Civil Code in 2015 stipulating compensation for damage caused by houses and other construction works or buildings as follows:

An owner or a possessor of a house or another construction work, or a person to which the owner has assigned the management or use thereof, must compensate for damage if such house or construction causes damage to another person.

If the executor of the house or construction work is partly fault that such house or construction work causes damage, he/she must jointly compensate for such damage.

If the amount of rainwater from the roof of the neighbor's house flows through your house and causes damage to you, you have the right to request the neighbor to compensate you for the damage.

What are the grounds for the liability to compensate for damages and the principles of compensation for damages in Vietnam?

Pursuant to Article 584 of the Civil Code in 2015 stipulating grounds giving rise to liability to compensate for damage as follows:

1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.

2. The person who causes damage shall be discharged from liability for compensation in case where the damage incurs due to force majeure events or at entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.

3. If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.

Pursuant to Article 585 of the Civil Code in 2015 stipulating principles of compensation for damage as follows:

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.

2. The compensation payable by a person having caused damage may be reduced if such damage was caused unintentionally and is very large in comparison to the financial positions of such person.

3. If the amount of compensation determined becomes unrealistic, the aggrieved person, or the person having caused damage, has the right to request a court or another competent authority to change the amount of compensation.

4. If the aggrieved party is partly his/her fault for causing the damage, that part of damage shall not be compensated.

5. The party having rights and interests infringed shall not be compensated if such damage incurs due to his/her failure to adopt necessary measures to prevent the damage.

Above are regulations on, the grounds for the liability to compensate for damages and the principles of compensation for damages in Vietnam.

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