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The Subjective Condition of Liability for Causing Harm by a Source of Increased Danger in the Law of the Socialist Republic of Vietnam
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The Subjective Condition of Liability for Causing Harm by a Source of Increased Danger in the Law of the Socialist Republic of Vietnam
Abstract
PII
S1991-32220000622-3-1
DOI
10.61205/jzsp.2023.057
Publication type
Article
Status
Published
Authors
Quang Huy Nguyen 
ORCID: 0000-0003-2333-1286
Occupation: Postgraduate Student, Law Institute
Affiliation: Peoples’ Friendship University of Russia named after Patrice Lumumba
Address: Moscow, Russia
Edition
Volume 19 No. 4
Pages
132-139
Abstract

The fault of the owner of the source of increased danger (SID) is a subjective condition that is not required for the occurrence of liability for causing harm by the source of increased danger. However, the Civil Code of the Socialist Republic of Vietnam does not distinguish the application of this ground between the case when the damage is caused by the SID owner to a citizen who is not the SID owner, and the case when the damage is caused to the SID owners as a result of the interaction of two sources of increased danger. In the civil science of Vietnam, there are two opposing opinions of scientists and courts.

Research objectives: to clarify the opinion of Vietnamese scientists when studying the question of the significance of the SID owner’s guilt as a subjective basis for liability for causing harm by SID and to identify the point of view of the courts when considering and resolving cases related to causing such harm.

To achieve these goals, scientific methods such as analysis and synthesis were used in the framework of the study.

Results and conclusions. In the Vietnamese civil science, denying the guilt of the SID owner is a common position recognized by most scientists. From the point of view of the Vietnamese courts, it is impossible to deny the fact of the SID owner’s guilt. In the case when harm is caused to SID owners as a result of the interaction of two sources of increased danger, the courts determine liability depending on the degree of guilt of each of the SID owners. This is regarded as an exception to the special tort. The author of the study suggests determining the guilt of the SID owner by such criteria as his prudence and care for the object of the material world during its operation. It is also proposed to introduce a number of amendments to the Civil Code of Vietnam to eliminate gaps in legislation, increase efficiency and ensure consistency in the application of Vietnamese laws.

Keywords
tort liability, liability of the owner of a source of increased danger, guilt of the owner of a source of increased danger, civil science of Vietnam, interaction of sources of increased danger
Date of publication
11.09.2023
Number of purchasers
12
Views
76
Readers community rating
0.0 (0 votes)
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Additional sources and materials

1. Do V. D. Tort Liability in Vietnam — Court Decisions and Commentaries. 1st ed. Vol. 1. Ho Chi Minh, 2014 (In Viet. ) 
2. Do V. D. Tort Liability in Vietnam — Court Decisions and Commentaries. 2nd ed. Vol. 2. Ho Chi Minh, 2014. (In Viet. ) 
3. Hoang Dao, Vu T. L. H. Guilt in liability for causing harm by a source of increased danger. Legislative research, 2013, no. 13(245). (In Viet. ) Available at: http: //www. lapphap. vn/Pages/TinTuc/207248/Yeu-to-loi-trong-trach-nhiem-boi-thuong-thiet-hai-do-nguon-nguyhiem- cao-do- gay-ra. html (accessed 28. 02. 2023). 
4. Le V. S. Some Thoughts on Wine in Civil Law. Peopleʼs Court, 2004, no. 11. (In Viet. ) 
5. Nguyen Ph. T. Guilt in the obligation to compensate for damage caused by violation of intellectual property rights — Comparison with the provisions of the civil legislation of the Vietnam. Peopleʼs Court, 2018. (In Viet. ) Available at: https: //tapchitoaan. vn/loi-trongtrach- nhiem-boi-thuong-thiet-hai-do-xam-pham-quyen-so-huu-tri-tue-so-sanh-voi- quy-dinh-cua-blds-2 (accessed 28. 02. 2023). 
6. Nguyen V. H. Responsibility for causing damage to property in accordance with the civil law of Vietnam. Cand. diss. Hanoi, 2017. (In Viet. ) 
7. Nguyen V. K., Tran T. H. Scholarly Commentary on the Civil Code of the Socialist Republic of Vietnam 2015. Peopleʼs Public Security Publishing House, 2017. 1127 p. (In Viet. ) 
8. Nguyen X. Q. Some legal questions about liability for harm caused by a source of special danger. Legal Science, 2011, no. 3. (In Viet. ) Available at: https: //tapchikhplvn. hcmulaw. edu. vn/module/xemchitietbaibao? oid=42b2f86c-602e-48b1-b553-bbdcf78857b7 (accessed 30. 01. 2023). 
9. Pham K. A. The concept of guilt in civil liability. Legal Science, 2003, no. 3. (In Viet. ) Available at: https: //phapluatdansu. edu. vn/2008/02/13/22/04/5411/ (accessed 28. 02. 2023). 
10. Phung Tr. T. Guilt and liability for causing harm. Peopleʼs Court, 2004, no. 10. (In Viet. ) 
11. Phung Tr. T. Guilt in joint and several liability for causing harm. Jurisprudence, 1997, no. 5. (In Viet. ) 
12. Vu T. H. Y. Liability for harm caused by a source of increased danger. Research project of the Hanoi Law University. Hanoi, 2009. (In Viet. ) 
13. Agibalova E. N. Tort liabilities. Volgograd, 2021. 112 p. (In Russ. ) 
14. Braginsky M. I., Vitryansky V. V. Contract law. Book 1: General provisions. 2nd ed. Moscow, 1999. (In Russ. ) 
15. Sukhanov E. A. (ed. ). Civil Law: textbook. Vol. 4. 3rd ed. Moscow, 2006. (In Russ. ) 
16. Nguyen Q. H. The problem of determining the conditions of civil legal responsibility for cause of harm by a source of increased danger in civil science of Vietnam. Asia-Pacific Region: Economics, Politics, Law, 2022, vol. 24, no. 4, pp. 149—159. (In Russ. ) DOI: 10. 24866/1813-3274/2022-4/149-159. 
17. Shevchenko A. S., Shevchenko G. N. Tort Liabilities in Russian Civil Law. Moscow, 2013. 133 p. (In Russ. )

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