In principle, any person whose unlawful actions cause harm to another person is obligated to compensate for the damage they caused. However, if the person who caused the harm passes away before fulfilling the compensation obligation, from whom can the injured party claim compensation?
Article table of contents
Liability for compensation when the person causing damage dies (Illustrative photo)
According to the provisions of Article 13 of the Civil Code 2015 regarding compensation for damage, individuals and juridical persons whose civil rights are infringed are entitled to full compensation for damage, unless otherwise agreed upon by the parties or otherwise provided by law.
And the principle of compensation for damage must ensure:
Actual damage must be compensated fully and promptly. The parties may agree on the level of compensation, form of compensation in money, in kind, or by performing a task, method of compensation at once or multiple times, unless otherwise provided by law.
In case the person causing the damage dies before fulfilling or fully fulfilling their obligation to compensate for the damage caused, the remaining compensation responsibility will be transferred to the deceased person's heirs. Based on the specific provisions of Article 615 of the Civil Code 2015:
Heirs are responsible for fulfilling the financial obligations within the extent of the estate left by the deceased, unless otherwise agreed.
Thus, when the person causing the damage dies, it does not mean the responsibility for compensation also terminates. If the person causing the damage has heirs and has left an inheritance, these heirs are responsible for inheriting and fulfilling the compensation obligation within the extent of the estate left by the deceased. The determination of which heir is responsible for compensation will be based on the order of inheritance. To be specific:
- First order of inheritance includes: spouse, biological father, biological mother, adoptive father, adoptive mother, biological children, adopted children of the deceased;- Second order of inheritance includes: paternal grandparents, maternal grandparents, siblings of the deceased; nephews and nieces of the deceased whose grandparents are the deceased;- Third order of inheritance includes: great-grandparents of the deceased; uncles, aunts, and nieces and nephews of the deceased whose grandparents are the deceased; great-grandchildren of the deceased whose great-grandparents are the deceased.
This is the basis to protect the legitimate rights and interests of the damaged party. Ensuring that the damaged party has grounds to claim compensation even if the person causing the damage has died but has left an inheritance.
Thuy Tram
