Tiếng Việt
I was sitting working at a coffee shop when suddenly a boy about 8 years old threw a water bottle at my laptop, breaking the screen. At that moment, the boy’s mother appeared and shouted at me: “He is still young, he doesn’t know anything; he is old enough to not be able to keep things, if it breaks, he has to accept it, why ask?” I would like to ask: If a child damages someone else’s property, do the parents have to compensate?
According to Article 74 of the 2014 Law on Marriage and Family, parents must compensate for damages caused by their minor children or adults who have lost their civil act capacity according to the provisions of the Civil Code.
“Article 74. Compensation for damage caused by children
Parents shall pay compensation for damage caused by their minor children or adult children who have lost their civil act capacity in accordance with the Civil Code.”
Simultaneously, Clause 2, Article 586 of the 2015 Civil Code also stipulates as follows:
“Article 586. Capacity to be responsible for compensation for damage of individuals.
2. Where a person under fifteen (15) years of age causes loss and damage, his or her parents, if any, must compensate for the total loss and damage. If the parents have insufficient property to compensate and the minor who has caused the loss and damage has property of his or her own, such property shall be used to satisfy the outstanding amount of compensation, except in the cases provided in article 599 of this Code.
Where a person who is between fifteen (15) and eighteen (18) years of age causes loss and damage, such person must compensate by recourse to his or her own property. If such person has insufficient property to compensate, the parents of such person must satisfy the outstanding amount by recourse to their own property”.
According to Article 585 of the 2015 Civil Code, the principle of compensation for non-contractual damages is stipulated as follows:
“Article 585. Principles of compensation for loss and damage
1. Actual loss and 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; on one-off payment or payment in instalments; and on the method of compensation.
2. The compensation payable by a person who is responsible for compensation for loss and damage may be reduced if [such person] was not at fault or [such loss and damage] was caused unintentionally and is very large in comparison to the financial position of such person.
3. If the amount of compensation [determined] becomes unrealistic, the aggrieved party, or the party having caused loss and damage, has the right to request a court or another authorized State body to change the amount of compensation.
4. Where an aggrieved party is at fault for causing loss and damage, such party shall not be entitled to compensation for the part of the loss and damage arising from its fault.
5. A party with infringed rights or benefits shall not be compensated if the loss and damage results from failure to apply necessary and reasonable measures to prevent or mitigate the loss and damage to such party.”