THE PROBLEM OF DETERMINING THE CONDITIONS OF CIVIL LEGAL RESPONSIBILITY FOR CAUSE OF HARM BY A SOURCE OF INCREASED DANGER IN THE CIVIL SCIENCE OF VIETNAM

Abstract

The article investigates and analyzes the problem in determining the conditions for the emergence of liability for causing harm by a source of increased danger from
the point of view of the theory and practice of law enforcement. To achieve these goals,
the author has set the following tasks: to clarify the opinion of Vietnamese civil lawyers
on the conditions for the emergence of the liability in question, to find out the points of
view of the courts in resolving cases related to imposing the obligation to compensate for
harm by the owner of a source of increased danger. The research materials are based on
the doctrinal sources of Vietnamese scientists and the decisions of the people's courts of
the Socialist Republic of Vietnam. The results of the study show that, when determining
the conditions for liability for causing harm by a source of increased danger, there are two
opposing opinions between scientists and courts in Vietnam. According to the opinion of
Vietnamese scientists, one of the conditions for holding the owner of a source of increased danger liable is the factor of causing harm by the action of a source of increased
danger, however, in practice, the courts express their opinion that the harm must be compensated by the owner of a source of increased danger when he, by his illegal action
harms other person. The author supports the position of courts and substantiates the opinion that the illegal action of the owner of a source of increased danger is one of the conditions for liability for causing harm by a source of increased danger.