What is an indemnity agreement? What is the damage compensation agreement for? Sample minutes of damage compensation agreement 2021? Guidelines for drafting a minutes of damage compensation agreement? Principle of compensation? Grounds for liability to compensate for damage?
Whoever causes damage must pay compensation – this issue has been considered by the legislators as a principle and concretized in legal documents, specifically the 2015 Civil Code stipulates on compensation for damage. harmful. When the indemnification relationship arises, the parties can agree on the compensation and this agreement can be recorded. The article guides you to compile a minutes of damage compensation agreement and provides some information related to this issue.
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1. What is a record of damage compensation agreement?
Compensation for damage is a form of civil liability aimed at forcing the party that causes damage to remedy the consequences by compensating for material and spiritual losses to the aggrieved party.
Liability to compensate for material damage is the liability to compensate for actual material loss, calculated in money, caused by the breaching party, including property loss, costs to prevent, limit damage reduction, real income is lost or reduced.
Those who cause mental damage to other people by infringing upon the life, health, honor, dignity and reputation of others, in addition to stopping the violation, apologizing for public correction must also: compensate a sum of money to the aggrieved person.
Currently, according to the current law, liability to compensate for damage includes two types of liability
Minutes of compensation agreement is a document recording the events that the parties in the compensation relationship agree and discuss with each other to come to a common agreement on the compensation and commitments of each party. …
The minutes of the damage compensation agreement are used as a basis for the agreement on compensation between the parties, recording the legitimate agreements that the parties have agreed on in will and also the basis. basis to fulfill commitments and settle disputes arising if any.
The right to be compensated for damage when being infringed is also one of the basic rights of people and citizens, reflected in the provisions of law, specifically “Whoever commits acts of infringing upon the life, health or , honor, dignity, prestige, property, other lawful rights and interests of others, and cause damage, they must pay compensation, unless otherwise provided for by this Code or other relevant laws.
2. Form of minutes of damage compensation agreement:
SOCIALIST REPUBLIC OF VIETNAM
see more: The latest form of minutes, written agreements, and contractual agreements in 2022
Independence – Freedom – Happiness
MINUTES OF AGREEMENT
(Rev/v: Compensation for damage of ……………… for …….)
Pursuant to Civil Code 2015
Based on the will of the parties.
Hanoi, date…..month…….year 20……,
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A SIDE: ………
B SIDE: ………
see more: Compensation for damage in accordance with the provisions of the Civil Code 2015
Agree to sign the Agreement with the following terms and conditions:
Article 1. Confirmation of compensation for damage
After calculating the reasonable fees, the two parties agree on the amount of compensation as follows: (1)…
Article 2. Commitment of Party A
2.1. Party B…… commits to use all its personal property to pay the compensation mentioned in Article 1 of this Agreement on behalf of …….;
2.2. Full payment under…. the parties agree;
2.3. Other rights and obligations in this Agreement and in accordance with the law.
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Article 3. Commitment of the AGREEMENT
3.1. Allow Party A to use all personal property of Party A to pay the compensation mentioned in Article 1 of this Agreement;
3.2. Remove the obligation to indemnify …… and do not ask anyone other than Party A to pay its debt;
3.3. Creating conditions for Party A to make compensation;
3.4. Other rights and obligations under this Agreement and as prescribed by law.
Article 4: GENERAL TERMS
4.1. This Agreement takes effect from the date of signing;
4.2. The agreement is made into 02 (two) copies of equal value, kept 01 copy by each party.
see more: Determination of liability for damages in the contract
PARTY A THE PARTY
3. Guidelines for drafting the minutes of the damage compensation agreement:
– (1) Specify details of compensation: for example, medical treatment costs, damaged property value, burial costs, new warehouse maintenance costs, transportation costs, etc.
– The parties agree with each other and record fully, in detail and clearly their commitments to serve as a basis for making compensation as well as to settle disputes arising later, if any.
4. Principles of compensation for damage:
The principle of compensation for damage is specified in Article 585 of the 2015 Civil Code, which stipulates:
– Actual damage must be fully and promptly compensated. The parties may agree on the level of compensation, the form of compensation in cash, in kind or the performance of a job, the mode of compensation once or many times, unless otherwise provided for by law.
The person responsible for compensation for damage may be entitled to a reduction in compensation if there is no fault or unintentional fault and the damage is too great for his or her economic ability.
– When the compensation level is no longer consistent with reality, the aggrieved party or the damage-causing party has the right to request a court or other competent state agency to change the compensation level.
see more: Distinguish between contractual and non-contractual liability for damages
– When the aggrieved party is at fault in causing damage, it is not entitled to compensation for the damage caused by its fault.
– The party whose rights and interests are infringed shall not be compensated if the damage occurs due to the failure to apply necessary and reasonable measures to prevent or limit the damage to itself.
5. Grounds for arising liability for damage compensation:
For non-contractual damages
The first, conduct damage.
Behavior that causes damage can be by action or inaction, action and inaction are all manifestations of human being out in the objective world, controlled by consciousness, controlled by reason and capable of causing damage. ability to change the normal status of the affected object, causing damage to social relations protected by law. The act of causing damage can be the direct impact of the subject on the object causing the damage or it can be the indirect impact of the subject on the object through the tools and means causing the damage.
Monday, damage occurs.
This is a prerequisite, the most important condition of non-contractual compensation liability, because if there is no damage, the liability to compensate for damage never arises. The purpose of the liability for damages is to restore and compensate for the loss of the aggrieved person, so there must be damage to achieve that purpose.
The determination of damage is prescribed in the Civil Code 2015 as follows:
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– Damage caused by infringing property includes:
+ Property is lost, destroyed or damaged;
+ Benefits associated with the use and exploitation of lost or reduced assets;
+ Reasonable costs to prevent, limit and remedy damage;
+ Other damage prescribed by law.
Damages due to compromised health include:
+ Reasonable expenses for the treatment, fostering and rehabilitation of the aggrieved person’s health and functions lost or reduced;
+ The actual lost or reduced income of the aggrieved person; if the actual income of the aggrieved person is unstable and cannot be determined, the average income of the same type of worker shall apply;
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+ Reasonable expenses and actual lost income of the carer of the aggrieved person during the treatment period; if the aggrieved person loses his working capacity and needs someone to take care of him regularly, the damage includes reasonable expenses for caring for the aggrieved person;
+ Other damage prescribed by law.
The person responsible for compensation in case the health of another person is violated, in addition to having to pay compensation for damage caused by the violated health, must pay another sum of money to make up for the mental loss that he or she has suffered. bear. The level of compensation for mental loss shall be agreed upon by the parties; if no agreement can be reached, the maximum level for a person whose health is infringed shall not exceed fifty times the base salary prescribed by the State.
– Damages due to infringing lives include:
+ Damage caused by infringing health as prescribed in Article 590 of this Code;
+ Reasonable expenses for burial;
+ Alimony for those for whom the damage sufferer is obliged to support;
+ Other damage prescribed by law.
see more: The latest claim form for damages, compensation for damages in 2022
The person responsible for indemnification in case the life of another person is infringed must pay compensation for the damage caused by the infringing life and another sum of money to compensate for the mental loss of the heirs of the next of kin. If there is no such person, the person whom the damage sufferer has directly raised and the person who has directly raised the damage sufferer is entitled to this money. The level of compensation for mental loss shall be agreed upon by the parties; if no agreement is reached, the maximum level for a person whose life is infringed shall not exceed one hundred times the base salary prescribed by the State.
Damages caused by infringing upon honor, dignity or reputation include:
+ Reasonable costs to limit and remedy damage;
+ Actual lost or reduced income;
+ Other damage prescribed by law.
The person responsible for compensation in case the honor, dignity and reputation of another person is infringed must pay compensation for damage and another sum of money to make up for the mental loss that he or she has suffered. The level of compensation for mental loss shall be agreed upon by the parties; if no agreement can be reached, the maximum level for a person whose honor, dignity or reputation has been infringed shall not exceed ten times the base salary prescribed by the State.
Tuesday, There is a causal relationship between the act causing the damage and the damage occurring.
A causal relationship is a relationship between two phenomena that contains cause and effect. There must be the movement of the phenomenon that is the cause in the specific conditions and circumstances to arise the phenomenon that is the effect. The act of causing damage must be the direct cause of the consequential damage.
see more: The difference between sanctions for violations and compensation for damage in trade
Note: The person causing damage is not responsible for compensation in case the damage is caused by a force majeure event or is entirely due to the fault of the aggrieved party, unless otherwise agreed or by law. there are other provisions. Where property causes damage, the owner or possessor of the property shall be responsible for compensating for the damage, unless the damage is caused by a force majeure event or is entirely due to the fault of the aggrieved party.
* For compensation for damage caused by breach of contract
– The first, there is a breach of contract. For example, the act of not storing goods properly leads to damaged goods.
– Monday, actual damage occurred:
– Tuesday, the breach of contract is the direct cause of the damage.
In particular, in case there is a force majeure reason, due to the fault of the party who is in breach of the contract, agreed upon by the parties, or decided by a state agency, which at the time of signing the contract, the parties do not know, then shall not be liable for damages.
Note: The aggrieved party has the obligation to prove the loss and damage suffered by its party when there is a breach of contract. That is, the party in breach of the contractual obligations must also prove the reasons for being exempt from liability for damages.
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