Conditions for compensation of additional expenses associated with causing harm to health by the owner of a source of increased danger in the law of Vietnam

Abstract

The article is devoted to the study of the theoretical views of scientists and practical approaches of Vietnamese courts to determining the conditions for compensation of additional expenses associated with causing harm to health by the owner of a source of increased danger (SID). For this purpose, the authors set the following tasks: to study the opinion of Vietnamese civil experts on this issue, to analyze the positions of the courts when resolving cases related to the imposition of the obligation to reimburse the costs in question on the owner of the SID. The results of the study show that in Vietnam, when determining the conditions for compensation of additional costs resulting from injury to health by а SID, there are two different points of view between civil scholars and the courts. According to Vietnamese scientists, additional expenses should be reimbursed if they were incurred as prescribed by a doctor, however, in practice, the courts express their position that additional expenses are reimbursed by the owner of the SID to the victim under two conditions, that he needs appropriate types of assistance and does not have the right to receive them free of charge. The authors support the position of the courts and substantiate the opinion that in the event of harm to health, additional expenses are subject to reimbursement by the owner of the SID, if it is established that the victim needs these types of assistance and does not have the right to claim them free of charge.